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Tor 1818. 

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Fob 1818. 



9ttnu» it Jamtt ItaSantene atth ffo« 



LIBRARY rc^no](> 





(»AP. I. 

-^ PAGE. 

8Me «f AlEuiB at the oonmenocment of the Year. Pariiament meets. King*8 Speech. 
MJalmn amioiuiee their intention to move the Repeal of the Sutpenaion Act. De- 
hii« on the AddiCto, - 3 



IohbI of Act inapendmp the Habeas Coipus — in the Lords — in the Commons. Secret 
nptn relative to ihe mtemal State of the Country, presented to both Houses. Com- 
abtteea appointed to examine and inqnirt into diem. Petitions fWmi Sufferers under 
the lase Snqwnaion Act — Motions on the subject in both Houses. Reports of the Se- 
set CommitteeB. Bill of Indcmnitv.'^4n the Lords— in the Commons. Motions rela- 
life to tb« enopkyment of ^ki and Informers— by Mr Fazakedey — Mr Philips, 14 



Qaoal View of the Financial State of Great Britain—Navy E8tmiate6-.^rmy Esti- 
■■tea. Motion for the Reduction of the Army, by Sir William Burroughs, Lord Al- 
Aoipe, and Earl Oroavenor. Ordnance Estimates. The Budget. Plan for creating 
a lev Stock at 3} per cent Proceedings of the Committee of Finance. Mbtton fir 
the Repeal of Irish Assessed Taxes, liord Althorpc*s Motion for tha Repeal of the 
Daty on Lealber. Committee on Salt Duties, ... 53 

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StateoftheB«ik*8AfiBin,^DiiciusioabyMrOienfdL Motion by LotdLtudflidilt-. 
by Lord A. HamiltOD — ^by Mr Tiemey. Chancellor of the Exeheqner pimMses the 
Ciontinuanoe of the Bank Restriction. Committee of Inquiry moved by Loid Lmder- 
dale— by 3Ir Tiemey. Restriction Bill pasted, - - . 80 



Sir Samuel Romilly on the Act against privately Stealing in Shops. Sir J. Mackintosh 
on Bank Forgeries. Cotton-factories* BilL Chimney Sweepers* Regulation BilL 
Conviction of Offenders* BiU. Alteration in the Qnme Laws. Mr Taylor's Motion 
respecting the Northern Circuits. Lord Erskine on An^est, without Indictment, in 
Cases of libel, ...... 96 



2Seal of the present Age for diffiising Knowledge. Conunittee on the Educatkn of the 
Poor. Mr Brougham's Bill of Inquiry into the Abuse o£ Charitable Funds, itera- 
tions in the Lords. Bill for the Erection of New Churdies— in the Commons— in the 
Lords, -.-.--- 117 



SlavcTrade — Treaty with S^ain — Air Wilberforce oh the Treatment of Slaves— Motions 
of Sir S. RomiUy respectmg Proceedings in Dominica, Nevis, and St Christopher's. 
Alien Bill — The Bank of Scotland. Sir Francis Burdett on Parliamentary Reform — 
Speech of Mr Brougham. Poor Laws Amendment and Select Vestries BuL London 
Breweries. Auction Laws, . - . . ^'ISl 



Want of Heirs to the British Crown. Royal Marriages. Parliamentary Provision for 
the Puke of Clarence— the Duke of Cambridge — the Duke of Cumberiand— the Duke 
of Kent Regency Act Amendment Bill. Death of the Queen, - . 146 



Proceedings in regard to Burgh Reform— .Aberdeen — Dundee — Edinburgh* Lord A. 
Hamilton's Motion respecting Proceedings in the Case of M^Kinley — Respecting the 
Set given to Montrose. Lora Advocate's Bill for the Regulation of Scottish Burg^ 
Proceedings relative to Interference in the Lanark Election . • 158 

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iMt 9i Pntki. Imm vespectSog the Pren— Debates in the Two Chunben— Rejected. 
Uv is the Bacroittng of the Aimy— .Agreed to. The Budget. The Concordjit. 
C«greH of A -r!^p^Tl^ Tieaty for the ETacuatkm of Franoe by the Allied 
NwM, - - - - - • - 171 



mccming Exilei. ilnaacei. Ruuian Fleet— Army. Germany-. 
I of the T^imU 'Sew Constitution of Bavaria— of Baden. Differences be- 
mm the Two States. l¥irtembeig. Fkussia. Austria* Saxony and Hesse. The 
WHWrimdt— Meeting of the States. Poland — ^New Constitution and Assembly of the 
Ktt. Bnsiian ThmnoeB. Sweden. Death of the King. Norway. Turkey. Do- 
iateftheWababis. IHstiizbanoes at Constantinople, 188 

CHAP. xn. 

'* xnmiCA. 

O^iag ef iht CV *' |'^ ' g" ^ 1918 by Qcnenl Bolivar. Defeat and Retreat of Morillo. 
ineof Sonbrasob Capture of San Fernando de Apure. Defeat of Bolivar. Battle 
«f OiiB. Bdmor ncsurly taken* Battles in April and in Majr. The Royalists victo- 
BMb Bainj flmiimn Preparatioos of both Parties. Naval Force of Uie Patriots, 
ftaie of AffiniB at Buenos Ayres— In Chili. Patriots Defeated at Talca. Decisive 
Btt^ of Hamo. JEloyalists Defeated. State of Brazil_Mezioo^United States. 
▼« in Florida. 

£zcaznons of Arbuthnot and Ambristie. Reflections on that 




^^ with Holkar. Ruin of the Pindarees. Reduction of Holk»r*s interior Forts. 
^nmai of Bajec Rsm^ and snzrender. Settlement of his Territories. Gallant resist- 
•ciof Captain Btanntoo. Escape of AppeSaheb. Finandal Statement, 212 

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riu CONTENT*. 

PART 11 





The Queen. Mr Hastings. Lord Ellenborough. Sir 8. Romillj. Mr Rote. Sir 
Philip Francis. Mr Dempster of Dunxuflten* Beitiand de Mole?ille. PlatoS Bar- 
day de Tolli. Winzingerode, ' ^ - - - 321 



Mr Malcohn Uing.. Mrt Biux)/m. Or MMMiL D» 9un9t^ Mt UlM» Mr 
Clifford. Dr Cogan. Millin. Viamiti, ? • - . M9 

CiiAP* m 


OxygcMUm of Acids and of WiOor. Cgotlllulioa m4 AnaMa of Minmia Wi*e» 
Irawesaionaof Gold tarn tin Higto AtoicMplMro» ud th« New totnuwaa caB<d tha 
iEuiQoafope. Opegatbns fac dgttinunim w Figwe of tlw garth, • . 263 



Traveb in North America, with a view to cmigvalfe^. Birkheck, Fearon, Bradbury, 
Palmer, Hall. The Eastern States. Passage of the Alleghany. Western States. 
Canada. Expeditions to the North. Captam Ross's Voyage round Baffin's Bay/ 
Morier's Second Journey in Persia. Oxley^ Expedition into & Interior of New South 
Wd4JS. n - -. • - 2M^ 


Lines, by Mr Roscoe, - .... 335 

Lines, said to have been addressed by Lord Byron to his Lady, a few months before their 

separation, - - - . .■ • 936 

The Dirge of Tippoo Sultaun. From the CanSra. By the hite Dr John Leyden, 327 

Original Song, by Bums, - - .... 331 

Sonnet. To Walter ScoU, Esq., - - *" - 332 

Ode for the 25th October, ..... 333 

To the Memory of Richard Lovell Edgeworth, Esq., - - 334 

Tyrolcse War Song, - - - - - 33» 

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Simie ofAffixirs at the commencemetU of the Year.^^ParSament meeU.^^King's 
Speech^ — Ministers announce their miention to move the Repeal of the Sueperi^ 

^cim — Debaie^ on the Address. 

Tarn present yemr, at compared with 
tlie preceding ooe, opened under far 
happier auspices. That public dis- 
treMaod irant^ which had alone given 
to the impulaea of the disaffected their 
cficacy and farmidaJble character, had 
memrly disappeared. The prosperity 
of tnide, and the extended demand 
tor Brit^ manufactures, placed in 
amfortable circunwtances those 
whom miserir before had goaded to 
desperation. The a^tators, discoro- 
foedki all their attempts, and find- 
mg DO longer apt materials on which 
towork, eHher remained dormant, or 
wmde such aborUve efforts, as served 
•It to expose their weakness. The 
^ of thestate was to be guided 
■ow over a tranquil aeo, no longer be- 
«t with those rocka frojn which ship- 
wreck bad been dreaded. This for. 
i».ce sspect of pobhc affiurs had a 
«» c^^e induence, since it was 

hailed as the earnest of that which 
Britain was now permanently to ex- 
hibit.— Such a hope was premature 
and illusory. The absence of that 
extraordinary stimulus which war had 
given to various branches of industry, 
could not be so suddenly supplied* 
The present active production was 
destined, in a great degree, for a spe- 
culative market, and was marked bv 
all that excess of adventure to which 
overflowing enterprize and capital too 
frequently stimulate British, mer- 
chants. It laid the foundation, there- 
fore, for a redundant supply, which 
was to renew that stagnation and suf- 
fering from which the nation appear- 
ed to have emerged. But these evils 
were neither felt nor foreseen : The 
public is ever sanguine, and ever be- 
lieving, that what is now, will conti- 
nue to be; a propensity, after all, 
which, when auly modified, tends 

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mnch to secure the comfort and well- 
being of human life. 

It might, at first sight, appear, that 
this smooth stream of public affairs 
was favourable to those who stood at 
the helm. It certainly relieved them 
from many difficulties as to action,— 
yet the fact is, that it neither fixed 
them more firmly in their seats, nor 
strengthened their parliamentary ma- 
jority. It had the contrary of both 
these tendencies. When the vessel 
of the state is severely tossed, all the 
well-appointed mariners cling to the 
helm, provided, at least, it be held by 
a hand at ail qualified to steer it.— 
When the tide of innovation appears 
flowing too rapidly, they make it a 
fixed principle to support throughout 
the actually existing authorities, and 
to arm them with every instrument 
which appears necessary for stem- 
ming the torrent; but, when the dan- 
ger appears past, and affairs resume 
a tranquil aspeet, the u&Ual current 
of Britteh habits and ideas returns,-^ 
jealousy of public rights, and a watch- 
ful care of public money, becomes 
then the prominent sentiment in a 
larffe proportion of the legislative 
body. All the great steps taken 
agamst mbistries within parliament* 
luLVt been when they had least to 
dread firom without. It has there- 
fore been a standing charge, by the 
opponents of all administrations*- 
that every report made by them as 
to intemai disturbances, is got up for 
the express purpose of terrifying par- 
liament into a support of their per- 
sons, and an enlargement of their 
powers; that the statements prompt- 
ed by such motives, rest either on no 
grounds at all, or are at least so vast* 
ly magnified, as scarcely to retain 
any analogy to the real state of the 
case. That ministers either did or 
could impose so grossly upon the 
country as they ace daily charged 
with doing, will not probably be cre- 

dited by any considerate observer. 
It may,nowever, be admitted, that a 
body, whose leaning must ever be on 
the side of power, may be more apt 
to go beyond than within the just es- 
timate. Parliament, too, the more 
that in the moment of alarm they are 
inclined to overrate the urgency of 
the danger, have so much stronger a 
tendency, on the return of calm, to 
consider the peril as chimerical, and 
even to laugh at their former fears. 

Under these advantages the Whigs 
began their campaign. They invo- 
ked the constitution, and the libertjr 
of the subject, of which they consi- 
dered themselves the natural guar« 
dians. To this theme they justly ex- 
pected to find a British parliament 
alive, after the impulse was past 
which had excited the temporary sus- 
pension of some of its proudest nghts* 
The force of their onset was broken 
by the promptitude with which mini- 
sters threw back into the hands of 
parliament those irregular and ano- 
malous powers, with which they had 
been temporarily invested. Still their 
opponents were not without hopes of 
pursuing and harassing them even in 
this prompt retreaU In evil days, 
measures in themselves evil, must 
sometimes be resorted to e and in tfie 
moment of perplexity, alarm, and ir- 
ritation, it IS difficult to avoid carry- 
ing these farther than is authorized 
by the absolute necessity of the case. 
Some such measures could nowfoe pro- 
duced, the charge founded upon wfrich 
was not wholly unsupported by public 
opinion. There could t>e produced, 
moreover, a considerable mass of in- 
dividual suffering, incurred under the 
operation of the powers entrusted to 
ministers for the preservation of the 
public tranquillity. The system of 
imprisonment, and of protracted de-\ 
tention without trial, is contrary to 
every principle of a free constitution. 
Till the Habeas Corpus act was pass- 

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ed, Britiah U bw m ty cwM nerer be 
coanlered as placied on a solid basis. 
AH other institutions must have been 
to s grtat extent nugatory, while the 
croim possessed, "without controul^ 
flichapower of individual intimida- 
tioiL l^ercised in the most mild and 
moderate manner, and within the li- 
mits of the strictest necessity, it can- 
BoC &il to involve individuals in ex- 
tensife ^Ltra-judicial aufl^ng. They 
Buist be dragged irom their homes 
md frmilies- ^most be confined for a 
length of time in inconrenient, often 
nnvholesonae, re€:e88es, mixed, per- 
haps, with profligate and disgusting 
spdety their employments most be 
Bospended, and probably exposed to 
permanent lo ss t heir character seri- 
oaaly injuredyp^-^and all this while^ be- 
ing untried, they are, according to 
U^ &xed principles of the law of Eng- 
land, to be considered as innocent.^^ 
Tbey are persons, whoide individual 
rights it luui been necessary to sacri- 
mt to the general good. Being then, 
whether guilty or innocent, presumed 
innocent in the eye of the law, they 
have a very clear right, in equity, to 
a compen^tion for all the loss they 
have sustahaed, and to a solatium for 
the hardships and painfull feelings to 
which they have b^ exposed. This 
ceald be ascertained, too, without the 
necessity of any inquisition or injuri- 
oos disciosare. No inquiry would be . 
need&l into the practices in which 
they had been ^igaged, pr the grounds 
4m which they had been apprehend- 
ed, .hot aimpiy into what they had 
altered. We know only one ground 
apon wliich the natural advocates of 
this class of persons can be justified 
in n^ver haying advanced such a 
daim. The measures in question be- 
ing in thdr own nature irregular and 
najnst, ought, it may be said, to con- 
tiaoesuch: nothing ought to be done 
to legaliT^* what b illegal — to reduce 
it int4^ a regular shape, ai|d strip it of 

those odious acoompaniments which 
render it the object of a salutary pid>- 
lic indignation. The way might thus 
be paved for diat becoming perma- 
nent, which is at present only a tran- 
sient invasion of public right. It is 
certain, although we are not prepared 
to charge this as a ruling motive, that 
the purposes of part^ are much bet- 
ter served by it in this irregular state, 
*— the opponents of ministry bein^ 
able to charge upon them til the su& 
ferings incunTed out of th^ regular 
course of law, and by their fabrarary 

Parliament was this vear opened 
by commission, on Tuesday, 27th Ja- 
nuary, 1818. The speech delivered, 
•in name of the Prince Regent, was as 
follows 2 

'^ My Lords and Gentlemen, 
** We are commanded by his Royal 
Highness the Prince Regent to inform 
you, that it is with great concern that 
he is obliged to announce to vou the 
continuance of his Majesty's lament- 
ed indisposition. 

** The Prince Regent is persuaded 
that you will deeply participate in the 
affliction with which his Royal High- 
ness has been visited, by the calami- 
tous and untimely death of his belo- 
ved and only child the Princess Char- 

'' Under this awful dispensation of 
Providence, it has been a soothing 
consolation to the Prince Regent's 
heart,. to receive from all descriptions 
of his Majesty's subjects the most 
cordial assurances, both of their just 
sense of the loss which they have sus. 
tained, and of their sympathy with 
his parental sorrow : and, amidst his 
own sufferings, his Royal Highness 
has not been unmindful of the effect 
which this sad event must have on 
the interests and future prospects of 
the kingdom. 

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''We are oommAnded to aeqaoint 
you9 that the Prince Regent coati- 
nueB to receive from foreign powers 
the strongest assurances or their 
£riencUydisposition towards this coun- 
try^ and of their desire to maintain the 
general tranqotiltty. 

'^ His Royal Highness has the satis- 
fiictiott of being able to assure 3roUy 
that the confidence which he has in- 
variably felt in the stabiiitv of the 
great sources of our national prosp^ 
rity has not been disappointed. 

''The improvementwnich has taken 
place in the course of the last year, 
m almost every branch of our domes- 
tic industryv and the present state of 
public credit^ afford abundant proof 
that the dificukies under whicn the 
countr^r was labouring were chiefly to 
be ascribed to temporary causes* 

" So important a change could not 
fail to withdraw from the disaffected 
the principal means of which they had 
availed themselves for the purpose of 
fomenting a spirit of discontent, which 
unhappily lea to acts of insurrection 
and treason ; and his Roval Highness 
entertains the most confident expec- 
tation, that the state of peace and 
tranquillity^ to which the country is 
now restored> will be maintained 
against all attempts to disturb it, by 
the persevering vigilance of magistra- 
cy, and by the loyalty and good sense 
of the people. 

** Gentlemen of the House cfCamnumSf 
"The Prince Regent has directed 
the estimates for the current year to 
be laid before you. 

"His Royal Hishness recommends 
to your continued attention the state 
of the public income attd expendi- 
ture ; and he is most happy in being 
able to acquaint you, that since you 
were last assembled in parliament, the 
revenue has been in a state of pro- 
gressive improvement in its most im- 
portant branches. 

<' My LennU tmdGenUmen, 

" We are commanded by the Prince 
Regent to inform you, that he has 
concluded treaties with the courts of 
Spain and Portusal, on. the impiHt- 
ant subject of ue abolition of llie 

" His Royal Highness has directed 
that a copy of the former treaty should 
be imm^bately laid before you ; and 
he will order a similar communication 
to be made of the latter treaty, as 
soon as the ratification of it shall have 
been exdianged* 

" In these negociations, it has been 
his Royal Highness's endeavour, as 
£ur as circumstances would permit, to 
give effect to the recommendatione 
contained in the joint addresses of the 
two houses of Parliament: and his 
Royal Highness has a full reliance on 
your readiness to adopt such mea*> 
sures as may be necessary for fulfil- 
ling the engagements into which he 
has entered for that purpose. 

"The Prince Regent has command- 
ed us to direct your particular atten- 
tion to the deficiency which has so 
long existed in the number of places 
of public worship belonging to the 
established churchy idien compared 
with the increased and increasing po-* 
pulation of the country. 

" His Royal Highness most earnest- 
ly recommends this important subject 
to your early consideration, deqply 
Impressedp as he has no doubt you 
are, with a just sense of the many 
blessings which this country, by the 
favour of Divine Providence, has en- 
joyed ; and with the conviction, that 
the religious and moral habits of the 
people are the most sure and firm 
foundation of national pro8peri|y." 

It was not lon^ of appearing what 
would be the main subject of debate 
during the present session. The lead- 
era of the opposition in both Houses 
were so eager to press the sufaiject of 

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the Habeas Corpus Smpensioii Act, 
that before there was tione to more tiie 
addren lo the Prince Regent, Lord 
HoUand, in the lA>rd8^ and Lord AU 
thorp, in the Commons, intimated, 
that they bdd in their hands a pro- 
position for its repeal. Lords Liver- 
pool and Castler^tt;h, in their respee- 
tife ho«»es» stated in reply, that it 
wai the imtnediate intention of minis* 
ten themseWes to propose a bill to 
that effect, with a Ytew to the imme- 
diate passing of which they would also 
move to suspend- the standing orders 
of the House. 

This affiur being disposed o£, ad 
address, echoing as usual the speech, 
V8i UM^red in the Lords by the Earl 
of Ayleslbrd and Lord Sdsey, in the 
Gonmions by Mr Wodehouse and Mr 
Wjndham Quin. The first topic 
w&dtk was forced on their attention, 
was the untimely and lamented fate 
of the Princess Charlotte, a just pane- 
gyric on her virtues and the hopes they 
Ittd inspired, the gloom with which 
diis sad event had overspread the na- 
tioD, and the sympathy due to the 
licavy loss siistainea by the illustrious 
parent. Alter this melancholy topic, 
sil the others, whidi the state of the 
■siion snnested, were of a cheering 
nature. The country. Lord Selsey 
observed, bad atthat time been threat- 
ened with anarchy and rebellion; 
eommerce bad become stagnant in all 
ill dmnnels ; and a deep and settled 
glooB and consternation hung over 
tiie country, of a darker character 
dm any tfaey had experienced during 
the long course of the preceding hos- 
tiUlies. To this, however, a triumph 
liid succeeded, a triumph not indeed 
sccoBipanied by the ** pride^ pomp, 
snd arcumstance of war/' but one 
wherein wisdom and moderation had 
connteraoted the desolating spirit of 
levohitioB, crushed ^e seeds of an- 
vdiy, an4 re-established peace, con- 
fideaiBet and tranquillity. 

<<Lastyear,"saidMrQuin, ^'strong 
men were to be seen in distress for 
want of work ; now wages have ad- 
vanced ; industry, which is the staple 
foundation of national wealth, has a 
fUr field spread for its exertion. The 
country, if I may so express myself, 
feels an increased circulation in every 
artery, in every channel of its com- 
merccd — Last year the fires were &c- 
tinguished in most of the iron woifa, 
now they are in full activity, and the 
price of iron has risen from 8Lor9L 
to about 14^ a ton* The demand 
ibr linen, the staple of the north of 
Ireland, is unprecedented, both as to 
quantity and price. The funds are 
noweighty, laHyear about sixty-three. 
Money is most abundant, and when 
lent at mortgage to good security, 
lowering in rate of interest, and to be 
had at ik per cent, at the same time 
that sales of land are efiected at bet- 
ter prices than last year. Gold too has 
re-appeared, and the little request in 
which it is held, seems to declare, 
that a bdief in the stability of our fi- 
nancial system is universal. Let me 
notice the return of confidence among 
all classes and descriptions of men ; 
—the farmer, the manufacturer, the 
merchant, all seem to fbel its vivify, 
ing influence." The country was said 
to be now reaping the fruits of its no- 
ble exertions, which it could never 
have attained, had it followed a less 
wise and energetic system. The pro- ' 
found peace which reigned on the 
continent with ever^ hope of continu- 
ance, and the treaties conchided with 
Spain and Portugal for the suppres- 
sion of the slave trade in theur respect 
tive territories, furnished grounds of 
high congratulation. The proposal 
for the erectbg and endowing of new 
churches was mentioned as strongly 
called for by the present deficiency 
in the accommodation for public wor- 
Mp, It indicated also the regard paid 
by the adminiktratien to the religious 

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and moral wdftre of the comBMBMCy, 
an object with which natioDal aafety 
and prosperity were ao intimately con* 

, The leaden on the opposite side did 
not come forward in that high tone» 
and with that imposing front, which 
they had displayed at the commence- 
ment of the former session. The prin- 
cipal speakers did not even make their 
appearance. By those who spoke, it 
was stated, that their concurrence in 
the first paragraph of the speech, that 
relating to the Princess Charlotte, was 
-so entire, as to make them anxious to 
avoid all appearance of dissent. Al- 
though, likewise, they protested stre* 
nuoosly against the idea, that the re- 
stored tranquillity of the country was 
in any degree due, either to the pre- 
sent ministers, or to the suspension of 
the Habeas Corpus Act, the address 
was otherwise such as, though they 
could not cordially approve, they did 
not feel themselves positively called 
upon to controvert. Some skirmish- 
ing, however, took place on particular 
points* Lord Althorpe, in the Com- 
mons, arraigned the trial of Hone on 
three successive indictments. He cer- 
tainly considered the parodies highly 
reprehensible, though he would have 
thought the mode of proceeding by a 
^rand jury preferable to that on an 
information em officio. But that which 
appeared to him wholly indefensible* 
was the twice following up the ac- 
quittal with a new trial on a similar li- 
bel, thus appealing as it were from 
jury to jury, and endeavouring to 
bring the institution itself into con- 
tempt*, ** The sanction of three ver- 
dicts was thus given to a practice 
condemnable by all well-disposed per- 
sons, all through the injudicious zeal 
of the honourable and learned gen^ 
tleman.-*Had the case been other- 
wise, and thedefendont been convicted 
upon the third trial, there can be little 
doubt his punishmeat would hare 

nearly equalled tbeae rssukingimB 
a conviction upon the three several 
informations; and yet, in that case, he 
would have been acquitted by the ma* 
jority of the juries. This mode of 
proceeding cannot be considered oan- 
did or liberal. An un&ir advantage 
appears to have been taken of the ac- 
cused, by subjecting him to reiterated 
trials, and reiterate and painful ex- 

These remarks called up the At- 
torney-General, who dedaredv that 
there had been nothing litieious ia 
the proceedings against Mr Hone. It 
might' be made a questioo* whether 
any of the libels was a proper sub- 
ject of prosecution i but if taat weee 
decided in the afirmative« he cer- 
tainly conceived it his duty to proceed 
against the whole. Was it oecause 
three separate and distinct libels,— 
three publications charged as libela 
at least, — had been sent forth by the 
same person, that two out of the three^ 
on a verdict of acquittal being pro- 
nounced on the first trials ought not 
to be prosecuted? If only one had 
been selected, the inference must have 
been, that the other two were inno- 
cent, justifiable, and might be ciroa- 
lated at pleasure. It certainly was a 
matter of serious considerationt af^er 
the first verdict, whether he should 
go on : but he was finally convinced^ 
that, by doing otherwise, he would 
be guilty of a gross dereliction of du- 
ty. His mind had not been at all con- 
vinced, though by the law of £nglan4 
the jury had the right,— and God for- 
bid they should not have it, -of de- 
ciding on the guih or innocence of 
the party accused (—yet still he had 
not been convinced that the publica- 
tions in question were not what they 
had been charged to be. On such 
matters, every man was entitled to 
exercise his own judgment. Had he 
felt that he had be^ in error when 
he first proceeded agaiast them,— 

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Cm Id 



MibtBnlt^mJ produeed thitc^n- 
lifltMi OB las tnuMl^ he shoukl have 
Ml k k» bounden duty to May the 
jTBemHwyr* but, in the absence of 
iKJiooeviction* c»ii^ht he to have abr 
Mioed firon procaecUog with the te- 
carf praeecatioiiy became the first 

Sk SMBuel Aomill J entered more 
M br^ into topics oomiected with 
Ibemeral state o£ public affiurs.-^ 
Ibmble w it was that harrooay 
ibnid pi«Tsil on tbe present occa- 
aioDtilwss yet tbe -privilege of mem- 
ko to uitrodiBce aifidrs which had 
hBBesed during tbe'recesst especial- 
ly b they had arisen from measures 
■sninmrd hy U»e House ^-therefore9 
ikt noUe Wrd was perfectly in or- 
te vfaea beanimadTerted OS the Ute 
tiidsy Bot ao much as insulated events, 
bat hecaose tbej might be consider- 
ed as pan of tbe system of govern- 
Mst DOW exercised. They threw 
gieat ligbt on the extraordinary act 
vludi deprived us of the more valii- 
dile part of our constitation. Par- 
iaiLal waa now called together un<- 
dcr a pvMic csdamity ; for what else 
w it, to be ensiled together under the 
sss|iiniiiiii of tbe best parts of the eon- 
sriration? It appeared to him^ that 
abe tcansactioBS tA Manchester, at 
Dcrhy» and in Scotland, confuted aU 
abe grsaada on which parliament had 
been called upon to pass the sospeup- 
aion of ihe Habeas Corpus Act. It 
was stated in both the reports, that a 
Ixassoaable conspiracy of the most 
strodoos kind had existed at Man^ 
-Chester^ — that it had been in agita- 
lioa by tbe idle and disaffected to at- 
tack tbe barracks, and to burn the 
aiaDttfact(»ries> solely for the purpose 
of destr<^ring the means of work, iemd 
adding, by general distress, to tbe 
BUQkbers of those who would engage 
m des p e r ate plans. In the Lords' 
report, the phraae was, ''to make 
ra Moscow." It was sla- 

ted in those reporto, that some of the 
conspiKatOrs were in custody* and be 
had then suggested that these persons 
shoald be immediately brought to 
trU. How bad they been proceed- 
ed against ? The causes were remo- 
ed by terti&rari to the Court of King's 
Bench, to prevent a-discloMire of the 
real nature of the charge against 
them ; and at the next assizes in Lan- 
caster* his learned friend, (Mr Top- 
piogt who acted for the Attorney-ge- 
neral,) stated, that no evidence was 
to be produced against them. Govern- 
ment knew from the beginning that 
no evidence could be brought against 
them by which they coidd be con- 
vioted ; and therefore^ turning the ad« 
yaatage they had gained against tbe 
people, for it was so, to their own ao« 
count, they took credit for clemency, 
because they did not produce evidence 
which had never existed. How other* 
wise could it be supposed^ that pefu 
sons conspiring to burn factories, al« 
tack barracks, and create a revoli^ 
tion, should be discharged without 
trtid or punishment ? He would say 
nothing at present of the extraordi- 
nary, unprecedented — unprecedent- 
ed he was confident in England, and 
he believed even in Scotland — the un- 
precedented attempts to prevail upon 
another prisoner to give evidence 
against the accused. In regard to 
the transactions at Derby, they ap- 
peared to him to involve a clear con- 
demnation of the su»>ension9 since, 
though it had subsisted for five 
nionUis, it did not prevent these dis- 
tmrbaqces : and though government 
declared jhat they had information of 
Brandretb having attended meeting, 
and formed treasonable designs, pnor 
to the 8th of June, they did not avail 
themselves of this knowledge to seiae 
his person. In his conscience he be- 
lieved, from the information he had 
received* that the whole of that ia- 
sarrection was the work of the per- 

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sons sent by the gof emi ncnt— aot 
indeed for the specinc purpose of fo- 
raenthig disaffection— -but as emissa- 
ries of sedition from clubs that had 
never existed. In regard to Mr Hone's 
-parodies, he admitted, that though 
not amounting to blasphemy, they 
were most offensive and indefensible. 
Long, however, before the prosecu- 
tion began, they were entirely sup- 
Eressed ; and a guinea was stated to 
ave been paid for a pamphlet whidi 
originally sold for twopence. It was 
the Attorney-General who had intro- 
duced them into a wider circulation 
than ever. He had given them a per- 
manent place in the history of the 
country,— he had made them a part 
of its judicial annals, — he had given 
occasion to collect all the parodies 
that had been published in former 
ages, to print them in one convenient 
little volume, and to hand them down 
to posterity. — At all events, nothing 
could jusofy the repetition of the 
trials, especially in the third, which 
was the least criminal instance. 

In reply to these strictures, the So- 
Itcitor-treneral observed, that the per- 
sons discharged on their recogni- 
zances were not those accused of a 
design to burn Manchester, but the 
misled individuals who had acquired 
the appellation of '' Blanketeers," and 
whose offence amounted only to a 
misdemeanour. The government had 
■not known of any meetings at which 
Brandreth was present, prior to the 
8th June ; they merely inferred, from 
the circumstances of that day, that 
there must have been such meetings. 
In regard to the prosecution of Mr 
Hone, he did not conceive, that the 
impropriety of the libel could be made 
a reason against its prosecution. If 
that objection was to be allowed any 
force, the more atrocious a libel was, 
the more pernicious to the public mo- 
rals, the more dangerous to the pub- 
lic peace, the more reason there wtHdd 

be not to prosecute, inasmuch as die 
prosecution of the offence was certain 
to extend the circulatimi. The suc- 
cessive triads had reference not to 
identical libels, but to three distinct 
offences. If a man conmiitted three 
different murders on the same night, 
in the same house, would the acquit- 
tal on one murder constitute an argu- 
ment against future prosecutions on 
the other indictments ? That differ- 
ence existed in the case of Mr Hone : 
the offences were to be proved by 
distinct evidence. He was prepared 
to assert, that if a man sold three li- 
bels in the same shop, he might be 
prosecuted on an indictment which 
<x>mprehended all the libellous pub- 
lications. Yet, if such a course had 
been pursued by the Attorney-Grene- 
ral, it would no doubt have been con- 
sidered as extremely severe, and cal- 
culated to embarrass and confuse the 
defence of the accused. The libels 
had by no means been so completely 
suppressed as had been represented ; 
on the contrary, they were republish- 
ed, and circulating in various parts 
of the country. 

Lord Folkestone rose, and made a 
speech in that high tone of popular 
invective which he is accustomed to 
indulge. He verily believed that the 
persons set at liberty were the iden- 
tical persons who had been accused 
of conspiring to burn Manchester. 
As to the trials at Derby, he verily 
believed, that the crime for which 
those unfortunate men suffered, was 
as much the production of Mr Oliver 
— was as much the effect of the mea- 
sures taken by his Majesty's ministers 
-*— as any other transaction in which 
Mr Oliver had taken a part. ** I be- 
lieve it was the work of Mr Oliver — 
the agent of Lord Sidmouth — the in- 
strument of ministers; and, if it was 
so, I do not envy th«n the triumph 
which seems to fill them with so much 
pride, of having convicted and exe- 

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cnted thote three mkeraUe indiTi- 
duak. Now, »r/' said Lord Folke- 
.stone, '' to come to the address. I 
csQDot entirely agree to the senti- 
menU contained in it. There is one 
part of it, which contains an exprea- 
iion of the approbation of the House 
of the measures of his Majesty's go- 
yenunent, and attributes the present 
improred state of the public feeling 
to their conduct. (Cries of *No, 
no I') It so struck me, when it was 
read ; and most indubitably^ I do not 
agree in such a sentiment. (Cries of 
' No, no r^ I understand there is 
no such thing in the address, and 
therefore I shall pursue the subject 
no &rther." The address, moreover, 
app^red to him flat, bearing on no 
specific objects, and dealing only in 
generalities. The honourable cen- 
tieman who seconded it savs, ** there 
is nothing in the address that can be 
objected to, and therefore I recom- 
mend it to the House." This is not 
the way in which addresses were for- 
merly voted. The speech used for* 
merly to contain a general view of 
Ihe state of the country, both foreign 
and domestic ; and two or three days 
hod been suffered to elapse before an 
answer was returned. Now we are 
called on to decide, without having 
toy opportunity of considering the 
speech or address ; and the apology 
always is^ *' O I it contains nothing ; 
it plages you to nothing ; and there- 
fore you may agree to it." He could 
have wished that a separate address 
had been voted on the subject of the 
Princess Charlotte ; and that the grief 
of the House had been more decid- 
edly marked. He had been unjustly 
represented as an enemy to the House 
of Brunswick* <' I never was an en»- 
mj to that House ; and therefore, I 
wish to state my unfeigned feelings 
of regret at the dqdorable event which 
lias filled the country with ffrief— 
which has fiUlen with drefuUul violence 

on the House of Brunswick— which 
has deprived it of its greatest onu^ 
ment.'' The feelinff manifested o» 
this occasion, must do away, he con- 
ceived, with the idea of that disafie^ 
don with which the country had been 
charged. *' I am sure. Sir, if the last 
and greatest plague of Egypt had 
fiidlen on this country— i^ on the 
breaking of the mormng, we found 
one dei^ in every house— -the sorrow 
of the people could not have been 
more pcMgnant, or more generally ex- 
pressed. If any persons believe that 
there are enemies to the House of 
Brunswick— if any persons think that 
disaffisction towards it exists— th^ 
must be taught, by 'the uniform con^ 
duct of the people on this melancho- 
ly occasion, that it; is not directed 
against that part of it which is digni- 
fied by virtue." 

Lord Castlereagh did not intend 
to discuss at present the numerous 
and irrelevant topics which had been 
touched upon in the course of the de- 
bate. Nothing could be farther in* 
deed firom his thoughts than to com- 
plain of the Elusions made to that 
awful calamity, which the nation de- 
plored. But topics of a very di£Per- 
ent nature had been introduced ; and 
attempts had been made to create a 
feelinff, as if the insurrection at Der- 
by had been excited by the agents of 
government. This was not the proper 
time to enter into a full refutation of 
the calumny. But such a time would 
come, and he would undertake then 
to disprove the assertion as strongly 
and as completely, as that which was 
not the truth could be disproved. In 
the mean time, he would assert, that 
there was not a scintilla of evidence 
produced during the trials to impli- 
cate Oliver in the transactions of the 
criminals ; nor was there any one cir- 
cumstance connected with the whole 
proceedings* which in any way impli- 
cated Oliver, ex€€^>tiog the last words 

Digitized by 




of one of the unfortmuite men, and 
these were ntlered under circumstan* 
ees iHiich mmt ftrip them of all title 
.to nodce^ When the time for discus- 
idon eaniey he was fully prepared to 
lustify the course adoptea by his Ma- 
jesty's ffOTemment. No information 
would t>e withheld on this subject; 
«k1 he was confident it would appear^ 
that if the powers intrusted had been 
great, they had been used in mercy 
and in Justice; and that they had been 
the means of conducting the country 
through very formidable dancers to 
its present tranquillity* He did not 
wish to lull the country into a feeling 
that there was now absolutely no dan- 
^r, and'that the peril was quite gone 
-by. The happiness was, that it was so 
much diminished, that extraordinary 
powers were no longer necestary to 
overcome it. On the whole, what- 
ever difference of opinion might pre- 
vail ^ to these points, he confidently 
expected unanimity on the subject of 
the address^ 

After a few words from Mr Bon- 
net, declaring hb confidence of pro- 
ving all that had been alleged against 
mtntsters, Mr Brougham stated his 
anxiety not to disturt> the unanimity 
which prevailed in the House on such 
an occasion. This disposition was con- 
firmed by the declaration of Lord 
Castlereagh, that it was at length the 
intention of ministers to produce evi^ 
dence as to the state of the nation be- 
fore a committee of the House. Un- 
til this inquiry took place, it would 
be premature to give any judgment 
upon the question. Meantime, he 
would only say, that his own opinion 
remained unaltered, that the evidence 
and the want of evidence, alike shew- 
ed those measures to be quite uncalU 
edfor.— LordCochrane dented all the 
atatements of ministers as to the pre* 
sent state of the country. Their al- 
legation of prosperity, and their pro^ 
position of improvenaent was really a 

mockery of the public understandfai^. 
It was obviously impossible that anjr 
country could go on in the* state in 
which iBngland was at present^ with 
a falling revenue and a starving peo- 
ple—with a greater degree of misery 
among the population, than was to be 
found under any arbitrary govern- 
ment which the. British ministers 
might desir^ to imitate. 

In the Lords, Earl Stanhope made 
a speech of a somewhat ultra-royal 
character, going probably beyond the 
views and wishes of ministers. He 
drew an alarming picture of the pre- 
sent state of France, where he con- 
ceived Louis XVIII. and the Bour- 
bons to be tlie objects of unlimited 
odhim, so that only the presence of 
the allied forces prevented the nation 
from rising against them. Yet he 
highly approv^ the measure of im- 
posing them upon France, as on a con- 
quered nation, with whom we had a 
nght to do what we pleased. We 
ought to keep our troops in France 
for the utmost period allowed by 
treaty, and longer if necessary, ad- 
hering rather to the spirit than the 
letter of that agreement. He would 
have preferred to have divided France^ 
as in Csesar's time, into three partSy 
and placed separate dynasties over 
each. At all events, ministers must 
now, for the very reasons which ren- 
dered Louis so unacceptable to France, 
support him on the throne as our on- 
ly pledge of peace. That peace they 
had nobly conquered, and of that 
peace the best guarantee was Louis 
XVII I. His government could not 
be destroyed without striking at the 
root of social order in every surround- 
ing nation. A revolution there would 
not only be attended with calamity to 
France and the Bourbons, but to every 
part of Europe ; and it would be as 
impossible to predict what the extent 
of its efiect might be, bm it was in 
the year 179S. It was obvious that. 

Digitized by 


Chap. 10 



m the event of a cbange^ the man 
who, by force or fraud, should at- 

nt to gain the supreme dominion 
e French people, would endea- 
Toar to effect his purpose by propo- 
mg that which was dearest to the 
j^trt of every Frenchman— foreign 
conquest and foreign dominion : and 
we should then see their armies again 
devastating the face of Europe, and 
porsuiog the same course of rapine 
and aggression that had marked their 
progress during the last twenty years. 
Had their lor&hips sufficiently con- 
sidered the character of that people ? 
—a people the mokt unprincipled on 
the nee of the globe--a people who 
bad pursued the career of slaves and 
robbers, and were now the most abject 
of the fauoian race. If the calamities 
of the last twenty years were to be 
renewed from the same quarter and 
to the same degree, for what purpose 
bd we fbi^t and bled ?— for whAt 

purpose had we triumphed ?— what 
was the object of all our toils, and all 
the privations occasioned by the bur- 
thens of war ? The laurels we had 
reaped would but wither on our brow, 
and all our battles have been fought 
in vain. 

The Marouis of Lansdowne, ap- 
pearing as the organ of opposition, 
went over the ground agreed on by 
them of joining warmly in the condo- 
lence in the afflicting event in the 
royal house ; at the same time decla- 
ring his scepticism as to the necessity 
* of the Suspension Act, and as to the 
existence of any extensive or alarm- 
ing conspiracy. His Lordship ad- 
mitted, slowly and with hesitation, the 
improved state of the country ; but 
concluded with stating his intention 
not to make any opposition to the ad« 

The address was carried in both 
Houses aem* Am. 

Digitized by 






Repeal of Ad suspending the Habeas Corpus^n the Lords^inthe Commons. 
— Secret Papers relative to the internal State of the Country ^ presented to bftih 
Houses. — CommUees appointed to examme and inquire into them. — P&iiiions 
from Sufferers under the late Suspension Act — Motions on the subbed in bath 
Houses. — Reports of the Secret (JommUtees.^^BiU qflndemnittf''-^ the Lords 
— in the Commons. — Motknsrelalioe to the employment qf Spies and Informers 
— hy Mr Fazakerley^^Mr Philips. 

The first Parliamentary prelimina- 
ries being adjusted. Ministers lost no 
time in redeeming their pledge, by pro- 
posing the inmiediate repeal of the 
act for suspending the Habeas Cor- 

?us. This measure originated in the 
iouse of Lords, where, on the 28th 
Jaouarr, Lord Sidmouth presented 
the Bill, at the same time moving, that 
the standing order relative to the pro- 
gress of public bills should be sus- 
pended, that there might be no delay 
to its passing. Before tne second read- 
ing, however. Lord Holland rose and 
stated, that though he certainly did 
not mean to oppose or obstruct the 
motion, he yet conceived that it ought 
to be attended vrith an inquiry into the 
ffrounds on which the measure had 
been adopted, and the erroneous and 
imperfect evidence which, as he con- 
ceived, bad been offi^red by his Majes- 
ty's ministers. They bad been either 
actually the tools ot wicked and de- 
signing men, or had been led away by 
the desire of obtabin^ undue poWer 
to themselves. Believmg, as he did> 

that the whole of their Lordships' pro- 
ceedings in passing the act for sus- 
pending the Habeas Corpus had rest- 
ed upon garbled and unfair evidence^ 
he must state that he could not be sa*- 
tisfied with the mere repeal of that act, 
and that he thought an inquiry into 
the grounds on which it had been pass* 
ed ought to be instituted. No pro- 
ceeding could have been more dange- 
rous to the true interests of the coun- 
try, than that to which their Lord- 
ships had given their sanction on eTi- 
dence so totally imperfect The ric^ht 
which had been suspended, he wished 
to remind them, was not one which 
had been granted by any act of Par- 
liament whatever. The personal li- 
berty of the people was no concession. 
It was a right antecedent to any sta- 
tute, and equal to the right of their 
Lordships to vote in that house, or 
to the right of the King to sit on the 
throne* The mere repeal of such an 
act was not sufficient, without some 
proof, which would demonstrate to 
posterity that they considered them- 

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Khn pledged to guard ajramst such 
njiit encroacfaineiitg. Duriog the 
tine of the Popish plot, of the Rye* 
hioK ploty or of any other plot^ it 
lad BOC beeu thought necessary to de- 
niie die subject of personal liberty. 
Nothbg which had passed in Derby 
orio Scotland appeared to him to at* 
ibrd the least justification of the mea- 
sue; nory if the country was in bet- 
ter drcuBBStances now than last year» 
codd this be considered as at all aris- 
isg oat of the suspension It was no 
mger asserted that blasphemous pro- 
dooions were in circulation ; but if 
tbey hsd been put down* was it by the 
tbnefold prosecution of Mr Hone I 
He wished not to justify that species 
of poblicationy but he did not believe 
tikre was a man in the country so 
vok as to beliere, that these parodies 
voald e?er hare been questioned hiad 
thtf been directed agpinst the <n)po- 
vatf of government. This had been 
tk case with regard to parodies of a 
Bsdi more indecent nature, made up« 
M die words of Scripture itself. lie 
tntted, if a coamxittee were appoint- 
ed, it would be one that would make 
>B diectiTe inqmrT, and not take up- 
Qi tnst the gu-bled and imperfect 
aatoaeat of ministers. 

Uxd Sidmouth expressed suiprise 
*t die course taken by the noble lord* 
h jHtificMion of the act of kst Ses- 
■e^ he referred to the report of the 
ommktte, wfaidi, he assured the 
Hoosy had been furnished with the 
■oit an^le means of judging. He 
(iOKeifed the benefit to be great which 
U bees derived from the suspension 
^ There sever wna a greater con- 
<M exhibited hj the country than 
^iHndi the comparison of its pre- 
Ktt itite with that of last year afford- 
5^; sad he would now maintain, and 
^ tbe occasion riiouid arrive, would 
FOie^ that the act of last Session had 
«>il7C0Dtr3>uted to this result. The 
''Kti it had hsd in many parts of the 

country did not rest on assertiofn t they 
were aueady proved. The magistintes 
and persons best informed in the coun- 
ty of Leicester, stated, on their own 
knowledge, that the passmg of the 
Susfiension Acthad produced tranquil- 
lity in manufacturing districts where 
the greatest alarm for the peace of the 
country had preriously existed* In 
another place, where there had been a 
more foitnidable manifestation of trea- 
son, the good effects of the measure 
had been still morei^parent — ^hemeant 
that insurrection, m consequence of 
which a bill of indictment nad been 
found a^nunst the offenders who were 
tried at Derby. On that occasion, ten 
of the persons accused fled ; four were 
senten<^ to suffer death } and in ally 
thuty-one confessed themselves guilty 
of treason, some of whom were trans-* 
ported^ and the remainder pardoned* 
These men, besides making a confes- 
sion of their g^t, gave certain infor- 
mation, that an insurrection of a much 
more formidable nature than that in 
which they had been engaged was in 
contemplation, and would infellibly 
have taxen place had not the Habeas 
Corpus Actheen suspended. Althourii 
many of the disturbers of the public 
peace were in a mean situation, and 
without any adequate resources to ao- 
compBsh tl^ objects, yet they might 
have had the power of giring rise to 
serious* commotions, in fact, how* 
ever, many of them were for from be- 
ing men of contemptible talents, but 
possessed powers which enabled them 
to exercise an extensive mfluence over 
the lower orders. In regard to Mr 
Hone, ministers hsd been repeatedly 
reproached, both in and out of doors, 
for taking no 1^^ measures to repess 
the tide of irreUgious publications. 
This prosecution had not been prompt- 
ed by any hypocritical motives, but 
appeared peculiarly called for by the 
arcumstances of the times. Repeated 
opportunities would occur of dtscusa- 

Digitized by 



log this subject^ and be would now 
tnnOUnce the ioteiltion of the Pripce 
Regent to la^ before their Lordampt 
papers tonching the internal state of 
the country, which would be disposed 
of in the manner their Lordships might 

After this conyersation, all the dif- 
ferent processes through which the 
bill was to pafs were hurried over in 
the course of this single day, and it 
was sent down to the Commons. 

On the following day, the 29th, 
the bill was introduced into the Lower 
House. It was received nearly in the 
same manner, the only distinctive fea« 
ture of the debate being a motion made 
by Lord Folkestone on the subject of 
the recognizances, into which a num- 
ber of penons apprehended under the 
act, had been made to enter previous 
to their liberation. Somethmg was 
due to those persons^ and the bill 
ought, therefore, to be more than a 
repeal. As far as he was able to learn, 
and he had taken every opportunity of 
examining into the subject, it appeared 
to him that all those persons taken 
up under the Stispension Act, who 
had been dschar^;ed on th^eir recwni* 
saoces, were un£urly dealt wtth« There 
was no law authorising magistrates to 
demand such recognizances fromtheou 
These men had, & apprehended, been 
irery ill used, and mivht be exposed to 
further 31 usage without any remedy, 
if provision was not made in the bdl 
low before the House. There existed 
so proper legal authority for binding 
these persons on their recognizance to 
appear on x certain day. A lecogni* 
zanoe could not be demanded from a 
man, without an accusation against 
faim, on the oadi of some individual 
whom he might have an opportunity of 
c<mf routing. He did conceive, that by 
merely lepoding the Sii^>en6ion Act, 
they would not be going hr enough, 
and that a danse ought to be intro* 
dooed for the poipose of vacating the 
recognizances which had been so ille* 

gttUy demanded. He had drawn up 
a dause to meet the difficulty, wincfa 
he should propose in the proper 

The Attomey-General rasisted that 
this question was one which ought 
rather to come before a court of jus- 
tice. Titere were often cases in which,' 
thou^ there might not exist grounds 
sufficient to bring a man to trial, it 
mig^t be important to have him bound 
to appear on a certain day. In this 
case, to take only his own recogni- 
zance, without demanding bail, was 
an indulgence rather than an injury. 
He conceived, that magistrates, in 
such circumstances, had a right to 
exact recognizances ; and this right 
had been exercised in all former stmi-* 
lar periods. But the hct was, that no 
objection would have been made to 
die rdease of these men, and the dis- 
diai^ of their reccMrmzaaces long 
since, but for their £termination to 
prefer in court objections to the right 
mdiich had been thus exercised. ^ In a 
conversation I myself had with some 
of them, they suted, that they had 
objections on points of law to urge 
when brouffht up ; and I, as well as 
othersofhisMajest/sservants, thought 
it best to let their recognizances stand 
over, that they might avafl themselves 
of the opportunity to discuss the point. 
Whether I have acted r^htly or not 
in thu respect, I w91 lea?re to the re^ 
suh ; but I Iwve the satis&etibn to 
reflect, that it cannot be said I lia^e 
precluded these persons from making 
use of the advantages they imagined 
tfaer possessed." 

A long and desultory conversation 
followed. Mr Brouffham observed, the 
persons detained under the Suspenaioa 
Act were bound on their recognizance 
to appear in court on a certain day, that 
is to say, the bill would still be in force 
against them. Various things might 
be demanded from men confided un* 
der such drcumstances, as the coo^ 
tion on which they could obtain their 

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miglit be competed 
to fxj L.IOQ— they might be asked 
togodovn on their knees and beg the 
Buoster's pardon — or they might be 
Mked to give recognixaoces to appear 
oa a certain day in court, and from 
time to time afterwards ministers had 
c^McB to demand a recogaisance | and* 
vith £ew exceptions, tt was deemed 
sdfisable to accede to their demand* 
Coold any- nian, however, say, that 
tkay had the power to demand such re^ 
conixaDGea, and to detain those indi- 
liraals who refoaed to grant theab 
vithoot the Suspenaion Act ? Whv then 
tkese recognizances necessarily nowed 
Ivoaithe Suspension Act, and ought to 
be vacated by the repeal The Soli- 
ckor-General , however, replied 9 " The 
power created by this act was the 
power of preventing the accused being 
m ought to trial in the usual course of 
procee din g* If this act had never 
passed, it would have been as compe- 
tent to the parties to dispute the le- 
gaiky of the recognizances, as if it 
weie to continue until the time of try- 
ing tbe question. We< are now dis- 
coaaiag what does not concern the 
tsasmsof the Suspension Act, nor flow 
««t of su enactment." At length, the 
Attorney- General stated, that his de- 
diaiag to discharge the recognizan- 
ces \ad arisen solely from his desire 
to afford to the parties the wished- for 
<fpoftonity of having their objections 
l^giafly argued. Since this was made 
8 natter of complaint, he had no sort 
of abjection to discharge them all 
fathwith. Upon this understanding 
Lord Foikstone withdrew his objec- 
tion io the clause, when the bill was 
lead a third time, and passed. 

ne repeal (ft the Suspension Act 
vas followed up by ministers with 
iW pffcseotation, on the part of the 
Regent^ of secret papers, re- 
to tbe internal state of the 
Under this title Parlia- 
waa mvited to take them into 


^oanderation. In fact* they «er« na^ 
derstood to be justificatory documents, 
destined to prove at once the necessity 
which had existed for the late suspen^ 
sion of the Habeas Corous Act, and 
the propriety with which g^vemmeat 
had used the powers intrusted to th^ai* 
These papers were prcseliti^d t6 th« 
House ofLordSf by Lord Sidmoathy 
on the 2d February, and to the House 
of ComQK>ns, by Lord Castlersaghj 
on the Sd« 

On the 5th, Lord Castlereagh ftu>« 
ved that the papers should be refirrrcd 
to a secret committee. It wo^d be 
premature^ he observed, at this stage^ 
to enter into any discussion unoa the 
state of the country. He denied that 
the papers in question were intended 
to lay the foundation of any specific 
measure. He certainly adOiitted, thai 
there was an intention of proposing an 
act of indemnity, not as destined to 
grow out of the report of the commit-* 
tee^ but as necessarily arising from the 
former law. Much of the information 
on which the government had acted 
was necessarily such as could not be 
disclosed, consistently with the safety 
of individuals^ and with good faith to 
them. Magistrates had often been 
called on to act, fof the sake of the 
public peace^ on information which 
they could not justify on the letter of 
the law. He should distinctly avow^ 
that a bill of indemnity was necessary^ 
after such powers had been intfusted 
to a government 9 and this chum might 
be strengthened by^ though not found<« 
ed on, the report of a committee^ 
That committee would also shew the 
public what the state of the coun^ 
try was ; for, though the prosperity 
of our connnerce and the vigilance of 
the magistracy bad put an end to the 
great mass of danger, it would be a 
false view of the state of the country 
to suppose that the danger was at an 
Mr Tiemey said, there could bt mo 

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^isjectioo to refier to a committee any 
.papers presented by the crown ; but 
it appened to bim an unheard of pro- 
ceedings to present these without any 
accompanying message or explanation. 
Thefe came down simply a bag ; call- 
.ed, indeed, in the votes, a bag relating 
-to the internal state of the country ; 
but there was nothing on the outside 
to shew this. ^ 1 view with a proper 
jealousy every thing that comes from 
the throne, and especially when it 
comes in this mysterious manner^ and 
accompanied by a more mysterious 
speech from the noble Secretary of 
,&ate ; and I think I have reason to 
suspect there is something at the bot- 
tom of it which has not been owned. 
The truth of the matter is this :->The 
Ministers know, that by their proceed- 
ings in the last year, they have, for the 
last months, been making out a prima 
facie case against themselves in the 
mind of every man in the country ; 
and now they want to have a case made 
^ut for them, andthat under the sanc- 
tion of a committee of secrecy* The 
noble Lord, with the candour of which 
he gives such frequent examples, says 
he should have no objection to a bill 
of indemnity. No one will doubt, 
•without this candour, that he wishes 
for a bill of indemnity if he can get it; 
and to this end he proposes a commit- 
tee, chosen by ballot, to sit on the pa- 
pers in tliis bag. Why, this is one of 
the coarsest juggles which had been 
ever played off upon mankind." Mr 
. T. insisted, that the Secretary of State 
.had not, as he ought, merely taken up 
persons of influence and extensive con- 
.jiexion, but had gone, as it were, 
through the country with a drag-net, 
taking up whole classes of men. Alarm 
• had been the daily bread of admini- 
stration : but the country were now 
better informed. He solemnly decla- 
red, upon his honour, that after all the 
events and trials that took place during 
the recess — and he had considered and 

examined all of them with every atten- 
tion in his power — yet, after the moet 
careful and impartial examinationy he 
would solemnly declare, without aoy 
party bias, that not one case occurred 
which in his mind shewed the suspen- 
sion to be necessary. If one man was 
detained one hour beyond the time 
which the safety of the country re- 
quired, the ministers were guilty of an 
abuse of power. The right honour- 
able gentleman had to justify the mi- 
nisters on another points— the employ- 
ment of spies. I f there was one thing 
more disgusting than another tp every 
honest man in the country, it was the 
publicity with which the ministers had 
justified the acts of those infernal scoun- 
drels, who had been employed for the 
purpose of procuring information. A 
right honourable gentleman had pro- 
mised to satisfy them that no agent of 
government had done such acts. God 
grant that the right honourable gen- 
tleman might succeed, for the credit 
of the age ; but he could not white- 
wash spies, or detach them from ever- 
lasting infamy I This was a task be- 
yond the reach of his splendid oratory. 
If, ministers were satisfied that they 
could conclusively establish their in- 
nocence, why resort to the hackneyed 
mode of a committee of their owp 
friends. No one could doubt what 
would be the result. This committee 
would first praise the ministers for 
their wisdom and humanity, and next 
propose an act to shelter them from 
any legal responsibility — thus assert- 
ing at once that ministers were right, 
ai^ that they ought to be sheltered 
from the consequences of being wrong. 
But if ministers themselves were con- 
scious of having been right, nay, if 
they were not conscious of being guilty, 
why proceed as they had done ? They 
had, in fact, filed a bill of indictment 
against themselves, probably with a 
view to prevent others from preferring 
an indictment against them ; and then 

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dieyctoie forward in a lone of defi* 
ance, exdanmngy ** This is our green 
bag-MFho dare todch our green bag ^ 
Mr Tierney was conVmced that tucb a 
t)roc€eduig would never satiify the 
Upose or the country. 

Mr fiathnrstobsenredythatthe course 
wwr proposed^ but objected to by Mr 
Ticmcy, a« not agreeable to precedent, 
1^ ciactljr the same which had been 
followed in 1801, with the sanction of 
the right honourable gentfemah him- 
itlf. It had then too been foHov^ed 
bj an act of indemnity, Parliament 
jsjtiy feeling, that govemmebt oiight 
not to be compelled to give up the 
•oorces of their secret information. 
AUhoagh no person of rank had been 
coacemed in the conspiracy, the re- 
port of last year had shewn, that k 
was extensiTe among the middling and 
lover classes. The heads of it, such 
asthey #ere, had oeen taken into cus- 
tody, and it had thus been prevented 
from eaplodin^» unless to a very limit- 
ed extent. He was enabled to say, 
that government had thus saved the 
livef and property of many of hh Ma- 
jerty s subjects, i^ho would have been 
(Aherwise exf^sed to the same atro- 
dty which had marked the insurrec^ 
tJon in Derbyshire. He conceived it 
impossible to doobt that insurrection 
to have been connected with a gene- 
ral plao, the execution of which had 
bees prevented by the manner iir ^hich 
goremnient had exercised the powers 
gfanted to them by the Suspension 
Act, As to the ^estion of ballot for 
tbe proposed committee, most of those 
vbo h^ntl him haul lived long enough 
to know, that it was the practice of 
the treasury to recommend a certain 
&t of naffies to be appointed upon a 
comoiittee. But although the govern- 
Beat recommended, it was still for the 
Hottse to appoint, and if the House 
Bade an improper selection, the re- 
■pooaibility belonged to itself. He 
taenbered the iogenioos and impres- 

sive argument of a right honourable 
gentleman^ now no more, (Mr Wind- 
ham) upon this subject. That dia« 
tinguished gentleman had justly ob« - 
served, that upon any question for the 
appointment of a committee, it was 
likely that persons would be selected 
who Were ag^eaible to the majority. 
8o it would come to this at la^, that 
if there even were no recommendation 
from the treifeury, persons would be ap- 

Eointcd to such a committee who wOuld 
e rather more agteeabte to the majori- 
ty than to the minority of the House, 
lience, he argued, that for the ultimate 
appointment of any committee, that 
House^ and net the government, was re* 
sponsible. With regard to the observa- 
ttons made on the employment of spieSf 
with particular reference to one indi» 
vidusU, he maintained that jgovermnene 
were perfectly justifiable in receiving 
information from persons engaged in a 
consphacy. That individual, instead 
of producing mischief, had actually 
rendered great service to the country. 
A late lamented member of that Hous^ 
had been satisfied that such was thiir 
person^s c^otuluct. The fact was, that 
this individual had become acquainted 
with the conspiracy by accident, and 
he Communicated nitf information id 
government. He was employed, tfpon 
this communication, to continue hi^ 
connexion with the persons through 
whom he obtained his information | 
and, in order to obtain their confidence^ 
he must, of cotfrse, appear to concur 
in the views of the conspirators, a^on^ 
whom he was introduced by a princi^ 
pal conspirator. 

Mr Bouglas considered the ballot 
and secret comiAittee as a mere jnggle 
of fltvinisters^ which woiild in no de- 
gree satisfy the counti^. He admitted 
a conspiracy arising out of Luddlsm, 
but it had been pUl down by the ener- 
gy of a single indiridual, the overseer 
ot the Butterly iron works, who scold- 
ed half the conspirators away. Her 

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did not think that Ministers had made 
out their case in regard to the era* 
ployment of spies. 

Sir S. Komillf fully admitted (he 
oeccaiity of an inquiry* hut differed 
entirely from the noble Lord as to the 
nature of it : a committee upon whose 
report no leg^islativc act was to be 
founded, appeared to him absurd. It 
was admitted that tranquillity was re- 
stored, the Suspension Act was re- 
pealed, the prisoners liberated. What 
then was the purpose of this commit- 
tee i Why, solely to procure a report 
in defence of ministers^ with the re- 
commendation of an act of indemnitv ; 
which it was felt must necessarily be 
preceded by at least the appearatf ce of 
inquiry in the present state of public 
opinion. He would be surprised at 
auch a proceeding, if any thing on the 
part of ministers could excite his sur- 
prise. After the moderation and mild- 
ness of which ministers had boasted 
so much, it now appeared, that they 
aought the shield ot an indemnity. He 
hoped that a nu>st ample investigation 
would take place into every part of 
their conduct. After admitting, that 
tranquillity had been restored in Sep- 
tember, and liberating the prisoners 
then confined, they had incurred a 
most serious responsibility by not call- 
ing Parhament together till January, 
for the purpose of resigning these ex- 
traordinary powers, it had been ad- 
mitted, and the admission furnished 
fresh argument in favour of inquiry, 
that the very same persons who repre- 
sented to the unfortunate deluded in- 
dividuals, that there were fifty and 
seventy thousand men in different 
places ready -to rise, that those very- 
persons were examined before the com- 
mittee, in order to prove the existence 
of that plot which they were instru- 
mental in producing and encouraging. 
This fact had been acknowledged by 
the committee themselves. After thia 
the minds of the people would never 

be satisfied by the mere appointment of 
another committee by ballot. No- 
thing had appeiired in the trials at 
Derby to shew the origin of the con- 
spiracy, or disprove the allegation of 
its having been caused by the agents 
of government. The general impres- 
sion was, that if Ministers had gone 
into that part of the ca^e, it would be 
found to have originated with the per- 
sons employed by them in the different 
districts. He did not mean to say 
that it was positively the case, but 
such was the impression on the public 
mind. Parliament were bound, by 
the most rigorous inquiry, to do away 
the mischief of the precedent which 
they had established — a precedent 
which was not only fraught with mis- 
chief, as it was employed to tear away 
individuals from their families, to 
plunge* them in solitary confinement, 
to load them with irons, and expose 
them to all the rigours of arbitrary 
imprisonment ; but as it must operate 
upon the constitution itself in the pre- 
sent and in future times. Even the 
mass of individual suffering that was 
experienced under this act, was far 
outweighed by the incalculable disad- 
vantages entailed upon the general 
system of our government. They 
were bound to sec how far they could 
do away a part of the poison, which, 
if not mitigated in its effects, was 
fraught with the most alarming cviU 
to posterity. They might look for- 
ward to Some future minister, anxious 
to increase the power of the crown 
long after the grave had closed upon 
the present generation— they might 
suppose some future sovereign of the 
House of Brunswick, but ^ling in 
his breast the principles of a Stuart 
willing to avail himself of such a mi-, 
nister, preferring rather to imitate the 
despots of Europe, than to reign in 
the hearts of a free people. What a 

Srecedent had they furnished to fact* 
tate such detignsi by suspending the 

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Habeas Corpus Act sit a period when 
tbcw was no War, no pretender to the 
throne ! in shorty no other pretence 
for its adoption than those expressions 
of discontent which al ways broke forth 
is a free country ivhen governed by a 
weak administration, with whona the 
feelings of the people did not syrapa- 

Mr Philips followed on the same 
side, and particularly inveighed against 
the employment of spies. 

Mr Wynn was free to declare, that 
hk cotiTiction of the necessity of the 
Suspension Act remained unchanged ; 
that it had been confirmed by every 
thing that passed in the country, and 
by all the eTidence that was disclosed 
oa the trials alluded to; that it had 
averted threatened danger, and that 
by it the country had been preserved 
from confusion. It had been said, 
that if the ministers had taken advan- 
tage of it, they might have prevented 
the disturbances that broke out in 
Derbyshire. He had understood an 
koeoarable and learned fnend to say, 
that by apprehending the ringleaders 
of the insurrection in Derbyshire at 
^earlier peHod, under the Suspension 
Act, the roiachief would not have fol. 
kiwed; but however that might be, 
it was not a proper argument against 
a measure of prevention, that the evil 
did not occur which it was intended 
to prevent. It had l>cen said on the 
triaUat Derby, that the prisoners ex- 
pected co.operaUon from the north, 
i^from vJrious quarters. He be- 

sther mJlos, that bands from Man- 
d«ter, Yorkshire, ^'if ^^J.*^^^^^^^^ 
vcre u^^wred to break out about the 
mI tin^ In Yorkshire, an msur- 
nrt^JIdid take place ; an armed mob 

w^t^^diMturh^^^^y"^]^ threatened. 
Sttei^ed to this,tbat there wa, 

no conviction, he would say, that 
though, from the darkness of the 
night, and the difficultv of identifying 
the persons who had assemblea to 
comnnit the acts of violence, a verdict 
could not be obtained against them, 
yet the fact of the insurrection was 
no less true and undoubted. In the 
trials at Derby, enough bad been 
brought out to produce conviction, 
and he saw no occasion for going into 
the origin df the conspiracy. When 
the overt act and intention could be 
proved, there was no necessity for go. 
mg into all their previous counsels. 
He therefore thought that the prose« 
cution behared properly in not calling 
such extraneous evidence, and that no 
suspicion could be thrown on the po* 
licv of the Suspension Act by with-' 
holding it* This measure was ex- 
tremely useful in preserving the pub- 
lic tranquillity, till the circumstances 
of the country were altered, and till 
the people, by the attainment of a 
more prosperous state, were with* 
draws from the influence of those 
who exasperated their discontents into 
disaffection. With respect to the ap- 
pointment of a committee by ballot, 
or otherwise, he thought it a question 
of no importance, for there was no 
reason to doubt that exactly the same 
men would be chosen, whether they 
proceeded by ballot or by motion. 
The ballot was resorted to for the 
election of a Committee, because it 
was thought that some metnbers who 
would not chuse to act ostensibly 
against the administration, would yet 
vote against them under this cover of 
secrecy. He did not know if this 
would be the case, but at least such 
was the ground of its adoption. 

Sir W! Burroughs was of opinion, 
that the conduct of ministers them* 
Selves shewed the total Want of any 
necessity for the Suspension Act. If 
the persons apprehended under the 
act had formed the atrocious designs 

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imputed to theooy of subverting the 
government, of burning London or 
Manchester^ how could Ministers ao«- 
count to their country for having li- 
berated them without a trial i On 
what plea coul4 they be discharged, at 
first with the idle farce of taking their re- 
pQgni^ances, and afterwards from their 
recognizances? If this was not a con- 
fession that the Ministers had nothing 
to produce against the alleged traitors 
at Manchester, and that the evidence 
on which the report of the committee 
in which they were arraigned was 
iinfounde4f they incurred a neavy re- 
sponsibility for sending back such 
dangreroi^s pharacters mtq society. 
Their conduct was ine|:plicable on 
the supposition that the report was 
true, and the Suspension Act could 
not be justified on the ground that it 
was not. No events happened since 
to justify such a measure* If he mi^ht 
advert to one melancholy event which 
had united the nation in one common 
expression of sorrow, he might draw 
froin it an irresistible inference, that 
the minds of the people were sounds 
- and that their attachment to the House 
of Brunswick remained unshaken. 
Never in any country was there more 
sincere or more g^eneral sympathy, and 
never did any nation more unequivo- 
cally testify their affection for the fa- 
mily of the sovereign. He was de- 
cidedly against a committee by ballot, 
and an act of indemnity. 

Sir John Sebright had formerly vpt*- 
ed for the Suspension, but was now 
convinced that he had been grossly 
mistaken^ and that there had l^n no 
necessity for arming ministers with 
such extraordinary powers. 

After a few words from Mr Ellison, 
Mr Saville, and Mr Forbes, the ques- 
tion was put and agreed to. The 
reference to a comnuttee of 21 was 
also agreed to. 

The (question now came relative to 
the el^i^n of the committee by bal- 

lot; and upon this the oppositioii 
members had determined to divide the 
House. Mr Brougham put a ques- 
tion, whether, in case of Lord Castle- 
reagh being returned* in the list given 
by the scrutineers after the ballot* 
there would be an opportunity of 
taking the sense of the ^iouse on his 
or any other individual name. Mr 
Canning replied, that the name hav- 
ing been given in by the majority of 
the House, it appeared to him absurd 
to appeal from its decision to that of 
the minority. Mr Brougham and Mr 
Tierney declared themselves dissatis- 
fied with this explanation, but np other 
ws|s ffiven. The motion for the elec- 
tion by ballot was then carried by 102 
against 29. 

Qn the following day, 16th Febnsi- 
arv, the committee was balloted for. 
The process was very simple, as the 
members opposed to mipisters declined 
to give in any lists. The followiDcr 
were the members chosen : — Lord 
Milton, Lord G. Cavendish, Mr W. 
Wvnn, Lord Castlereagh, Lord La^ 
cellcs, Mr Bathurst, Mr Lambe, Sir 
Arthur Piggott, Sir W. Scott, Sir 
John Nichon, Mr Solicitor-General, 
Mr Attorney-General, Mr Canning, 
Mr Yorke, Mr Egerton, Mr Wilbcr- 
force, Mr Bootle Wilbraham, Mr W. 
Dundas, Mr Peel, Sir W. Curtis, and 
Admiral Frank. 

Mr Broagham appealed to Lord 
Castlereagh, whether he ought to ait 
on a committee which was to decide 
on his own conduct ; but his Lordship 
rephed, that if he could not sit on such 
a committee, he did not see how he 
could vote or exercise any function in 
the House. It being stated by Sir 
M. Ridley, that Lord George Caven- 
dish, admitted by all to be an excel- 
lent member, was at a considerably 
distance from town, under circum^ 
stances which would render it imposs^ 
ble for him to attend, Mr Broughain 
urged the substitutionof another nan^» 

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Ck4F. iq 


aod was seconded by Mr Wilberforcei 
who, however, expressed his general 
approbatioa of the method of ballot. 
The Speaker, however, observed, that 
there wvs no precedent for the sub- 
stitution of one name for another in 
sttcb a case, and that it would be in a 
manner Jamping over several of the 
pdncipal orders. Mr Calcraft, how- 
e?er, insisted on the propriety of filline 
np the place of any member who could 
not attend. H^ conceived, there was 
BO mode in which the influence of rot* 
wters was so great as in that of ballot. 
He had himself been a scrutineer upon 
the appointment of this committee by 
that method. He did not suppose 
there was any thing secret in what he 
was saying, but if there ¥ras he would 
aot proceed. — (Cries of No, no.)— 
He had not been sworn when he was 
appointed a scrutineer. There were, 
^OB this occasion, 103 persons who 
lad put lists into the glass, and amongst 
those there were 97 not only identical- 
ly the same, but in the same hand- 
writmg. Whose hand it was, or whence 
the hsta came, he would not presume 
to €4Eer a conjecture. But if nis hon. 
hiend had considered for a moment, 
he was persuaded he would have in- 
ferredy that the quarter whence they 
eaaie was |iot very doubtful. The de- 
bate was closed, however, without any 
step being taken upon this question. 

l^he motion for the secret commit- 
tee of the House of Lords, was made 
by Lord Sidmouth on the Sd of Fe- 
braary. The debate was carried on 
by the Marquis of Lansdowne and the 
JjkI of Carnarvon, on the side of op- 
positios, and by Lords Sidmouth and 
Liverpool, on that of ministers. It 
was short, and went over the same 
ground as in the Commons. The only 
peculiarity was that, whereas the com- 
mittee of the other house was invested 
with power to call for persons, papers, 
and records, such a clause was stated 
by Lord Sidmouth to be inconsistait 

with the practice of the upper House. 
But the committee might suggest any 
evidence that they might consider ne- 
cessary, and apply to the House upon 
the subject, when either witnesses might 
be sworn at the bar to attend to give 
evidence before the committee, or the 
House might order paipers to be produ- 
ced for the information of the commit- 
tee. The Earl of Carnarvon maintain- 
ed that the full powers granted to the 
other committee wer^ mdispensable | 
but Lord Liverpool considered the 
precedents against such a cause as 
quite decisive. The motion was agreed 
to, and on the 5th, the choice feu up- 
on the following members: — ^The Lord 
Chancellor, the Earl of Harrowby, 
the Duke of Montrose, the Earl of 
Liverpool, Marquis of Camden, Maru 
quis of Lansdowne, Earl Fitzwilliam, 
Earl of Powis, Viscount Sidmouth, 
Lord Grenville, and Lord Kedesdale. 
As soon as these arrangements were 
completed, the attention of the House 
was immediately called to a series of 
petitions from persons who complained 
of the sufferings they had undergone 
under the operation of the Suspension 
Act. The petitioners were, Philip 
Drummond, Francis Ward, John 
Knight, Samuel Haynes, Joseph Mit« 
chell, Thomas Evans, William Ogden, 
John Stewart, and William Benbow. 
The general tenor of their complaints 
was, that they had been seized, while 
pursuing their peaceable occupations, 
without being accused of any crime, 
and without being able to dream of 
any of which it was possible to accuse 
them ; that they had been denied all 
means of proving their innocence ; that 
they had been treated with severity, 
and had sometimes been scarcely sup* 
plied with food sufficient for their sup- 
port ; that they had been sometimes 
mixed in the same room with coni- 
mon felons ; that they had been xon- 
fined in damp or ill-ventilated apart- 
mentSi by whicb their healti^ had been 

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itrioady affiscted ; and^ that their p«r« 
auits and prospects in Ufa had been ia^ 
jured, or even totally ruined. These 
petitions were brought under discus* 
•ion bf Lord Folket tone* in the House 
of Conmonsy and by the Earl of iCar- 
IMryon, in the Lords* 

Lord Folkestone stated^ thathe waa 
particularly anxious to bring this sub* 
lect before the House, since it had been 
Mtimated by a noble lord, that a biU 
of indeomity would be asked by the 
feryanta of the crown as a matter of 
(course f ai^d several persons appeared 
$,Q think that it was really done to 
thtm without any investigation. But 
if he knew any thing of the principka 
,of the coDstitution, suph a bill ought 
not to be passed, till the House had 
Mcertained that ministers had not ex« 
needed their powers, and that the peo- 
ple had not auffered injury. The Ha^ 
beas Corpus Act liad been suspended 
pin or twelve times in the course of 
the last hundred and twenty-four years ; 
but a bill of indemnity had been asked 
only onc9, and that waa in IbOl, by 
the same ministers as now. They 
acted wrong in the first instance, and 
sow they sought to benefit by their 
pwn wrong. It appeared to him clear, 
that the dangers of the country had 
been greatly ei^aggerated, and that 
there never was ^ny good reason for 
jiuapendin^ the Habeas Corpus Act at 
pdl. He did not conceive, that this act 
jgave any authority to apprehjpnd with- 
out a warrant issued in the usual form. 
He would not now dispute the power 
^ th^ Secretary of State to issue »uch 
ir^rranta^ though it appeared to him 
agreat anomaly. But certainly itou^bt 
Bdt to be exercised without attending 
to certain forms | of whkh» those at 
least ought to be observed, in aases of 
high treason, which are required in ap- 
prehensions upon the inferior crtmef 
of felony, or bi^aeh of the peace, 
^eu% witik respect to the treatment 
of those persq»is in prispn,. heluiew b^ 

should be told that <m this subject 
there was great exaggeration, and it 
might be so. He himself had hap- 
pened to see the directions sent down 
by the Secretary of State to one of 
the prisons where several of these per- 
sons were confined. It was a particu*- 
lar order that irons should not be used 
unless necessary. But though the Se- 
cretary of State gave such directioDS* 
he took care that the magistrates 
should not be allowed to see whether 
these orders were attended to or not— - 
whether or not the persons were sub- 
ject to ill treatment — and therefore* 
notwithstanding the order, he would 
sayi that the Secretary of State waa 
responsible for every instance of ill 
treatment contrary to his own direc- 
tions. But supposing even that their 
ill treatment was exaggerated*-sup- 
posing eyen that the evus which they 
endured might be described too enru 
phatically — it was by no means won* 
derful, that mep taken as the petition-^ 
ers were from their families, and de- 
tained so long in confinement, should 
be very impatient under their impri- 
sonment, and express that impatience 
in terms of strong resentment. But 
there was one part of their treatment 
which was not exaggerated— their so- 
litary confinement— a thing unknown 
to our old law, and in the opinion of 
many persons so grievous a punish- 
ment, that it was not inferior to death 
itself. He contended, moreover, that 
the mode of discharge involved as |^reat 
a hardship as the mode of committaL*< 
It was illegpl, because it was contrary 
to all the statutes from Edward the 
^rst ; and unjust, because it left the 
parties with a stigma on their charac- 
ters, whieh, if they had been tried^ 
would most probably not have attach- 
ed to them, it might appear strange, 
^hat he who was so decidedly against 
the state imprisonments-^who thought 
the arrest and treatment of the persona 
IRrho had suSertd by thcA were uacali- 

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eA for tndopp rc Miiw tl niold Jtt to«l* 
phia of their ditc^argte $ but on • Ht- 
tJe cottndcratioii it wouUl be allowed 
thtu he was perfectly coosisteat. He 
compkiaed of the maaoer io which 
these faea vere discharged* because k 
tcok froflck them all remcdy^-becauae 
k deprived them of all meaos of clear- 
ing their character, and obtaining com- 
penfitioo for the losses they had suf- 
fered, aad the hardships to which they 
had been aubjected. But this was not 
bis oaly motive, nor was it the only 
dttty of the House to see these men 
ngbted. It was the duty of the House 
to take Botice of the violation of the 
kwi» aad to punish those who wene 
their vtoiaterak He 5rmly believed that 
ministera had seized such humble vic- 
tiatt» because no others would have 
cnbi^ted quietly to their fate» or ac- 
cepted their discharge apon such coa- 
ditiona. He had been told that Francis 
Ward, whose petition he had made the 
grooad of his motion, was a bad cha- 
racter, aod therefore unworthy of the 
attention of the House. But 1^ would 
4»k, on what ground the charge was 
jidvaaccd ? Had he done any thing 
which had been proved against him ? 
Had he been convicted of any a&nce i 
On the old maaim of law, which he 
.was sorry to see discountenanced by 
•ome members of the House, every 
BOA ought to be presumed innocent 
tin he was Amnd to be guilty. He 
had received testimonials as to the 
tfood character of Ward, and thought 
» if ministers had known him to be so 
bad a character, they would have ap- 
prehended him sooner than the end of 
Jane, after the disturbance* At all 
events, he grounded his nK>tion not on 
the character of the petitioners, but on 
dke breach of the law. He moved, that 
a committee be appointed to examine 
into the truth of iht allegations of the 
and petitioosf and report their opi- 
nioBa thereupon to the House* 
Lord Cattlcreagh obaerved, that «o- 

cord i pg to the notice giv«a, this ought 
to have been merely an inquiry into 
the case of Ward, to which he should 
not have objected ; but since the no- 
ble Lord had very prudently thrown 
Ward into the background, aod propo* 
sed a general investigation, the case 
was changed. He could not oompli- 
meat the noble Lord on the deg^ree of 
historical research shewn in the asser- 
tion, that there had bcea no Act of In* 
€iemnity till 1801. In the reign of 
King William there were not less than 
three bills of iademnity passed. There 
was one after the rebellion in 17 15* aod 
another after the rebellion in 1745. In 
fact, the noble Lord would find, that 
an Act of Indemnity had been granted 
in every case where a Suspension Act 
had passed; He denied that mioisteiv 
had commttted any unnccessaryseveri- 
ties, or had been guilty of any acts of 
cruelty and injustice. They had not 
committed a single iodividualon the t^a- 
timony of Oliver, nor had a single ai;- 
rest taken pUce without the testimony 
of credible witnesses, and the authority 
of the law officers of the crown. TItt 
committeea of both Houses last se»> 
ston, without one dissenting voice, had 
recommended that government should 
be armed with extraordinary powers ; 
they had received these powera from 
PaHiament, and would not have been 
justifiable had they not employed theno, 
when occasion required, for the public 
safety. He agreed that all the forms 
of law ought if possible to be preser- 
ved } but he would put a case :— ^Sup- 
posing a magistrate had offered to the 
Secretary of State evidence on oath> on 
the truth of which he completely re- 
lied, afiecting the existence of the go- 
vernment^ or necessary to the preser- 
vation of the public tranquillity, and 
supposing that that magistrate could 
only obtain and transmit such evidence 
on condition that the names of the 
witnesses were to be concealed, or that 
neither he nor they were to be exposed 

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to the conseqnences of gimg sncli iin» 
portant information— could hie noble 
friend, acting on hit responsibility, 
have refuted to listen to auch testing** 
oy ? or could he have refuted hit war- 
rant to commit the perton whom it 
affected ? It was altogether a false 
view of the bill in contemplation, to 
consider it as a bill for the protection 
of the ministers of the crown ; it was 
for the protection of individuals who 
had come forward to give information 
of the utmost importance to the secu- 
rity of the country ; but which could 
iK>t be elicited otherwise than by the 
prospect of such protection as the mea« 
sure alluded to held out. The suspen- 
sion was for the express purpose of 
protecting individuals from the haxard 
which migh^ attend the disclosure, in 
an open trial, of the information which 
they had given ; and without such pro- 
tection no information could be had, 
ft none would venture to offer it at 
the risk of hit own safety. On such 
grounds indemnity was always judged 
necessary, not to cover ministers, but 
to protect those who sayed their coun- 
try. There was much delusion in the 
complaints raised upon this subject, 
several of the petitions not having been 
even signed by the persons, whose 
namefrwere subscribed to them. Ward's 
allegations of ill treatment were entire- 
ly unfounded, and as to that moral 
purity and excellence of which he 
boasted so highly, it could be very 
easily brought to the test. Joshua 
Mitchell, executed in 1816, for the 
dreadful proceedings at Leicester ^nd 
Nottingham, on the eve of his exe- 
cution nuide a full confession, which 
was taken down by the magistrates. 
He stated,— «« B shot A— C B told 
me that Francis Ward had urged him 
to go to Loughborough to destroy 
the machinery ; he had mentioned the 
thing to him on Saturday evening, and 
said there would be a deal of money 
in it ; the workmen had offered to give 

100^ for the dettmctbn of the 
chinery. Several of us met at the Na- 
rigation-tnn, and formed our plant. I 
received from SI. to f^ from-Ward for 
acts I performed. Ward grave me 10/. 
for the part I took in destroying the 
works at Woodpeck-lane, in Notting- 
ham. Our committee .met at the 
Duke of York in Nottingham, Francis 
Ward was the treasurer. Ward be- 
longed also to the Loughborough 
Committee. He plotted the outrage 
at Castle Downing^om Ward employ- 
ed me to shoot a otan who had refused 
to turn out, and offered 4L at my re»- 
ward.'^ The House, while listening 
to this paper, might be disposed to 
think that what it stated was fabulous. 
They could hardly be prepared to hear 
that men had b^n hired to commit 
murder. The fact^ however^ had been 
cleariy proved, that assassinatioDt had 
been regularly planned, and the price 
of murder as regularly fixed as that of 
stockings or any common article of 
traffic could have been. More than 
one jury had convicted on erideace 
which shewed that 4/. was often the 
price for shooting a man. The con- 
fession went on. ** Ward offered 10/. 
for shooting some of Kendal's men. 
He offered 10/» for shooting another 
master manufacturer; and5/. for shoot- 
ing one of his men for working. Af- 
ter the conviction of a man who was 
tried for felony at the last assizes at 
Loughborough, Ward offered a Isi]^ 
sum Tor doing out (murdering). We 
met at the Jolly Mcchus, and when* 
none agreed to do this, Francis Ward 
took out a golden guinea, and said, he 
was determinedit must be done." This 
deposition was afterwards confirmed 
by that of Thomas Savage, and both 
were given under circumstances which 
excluded all idea of their having been 
biassed by hopes of reward or mercy. 
He trusted, therefore, that the House 
would see no room to suspect mimsters 
of any malignant or oppressive tern- 

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per, or anj grouod for such an inqui- 
ij as was now proposed. 

Mr John Smith was thoroughly con* 
fioced of the falsehood of Ward's pe- 
mkMi» hot did not think this a suffi- 
cient reason for refusing to go into a 
general inaoiry. Mr Moulding made 
a number of statements^ tending entire- 
ly to disprove the allegations contain- 
ed in the petition of John Knight* 

Sir Francis Burdett said, he conld 
not pretend to come to this question 
without any bias, as it was impossible 
for him not to recollect that when he 
charged Aris, the governor of Cold- 
bath-fields prison, with crimes of the 
blackest die, but which he was never 
allowed to prove-— gentlemen rose up 
in varions parts of the House, some 
declaring on their own knowledge, 
others on statements made by Aris 
himself, that he was a man of the most 
kind and benevolent disposition ; that 
he had never been guilty of any cruel- 
ty or oppression whatever; that he 
was a person indeed in whom the milk 
of human kindness abounded to an ex- 
tent almost approaching to weakness ; 
and that the prison was conducted on 
a system of uniform mildness. The 
Hon« Member for Yorkshire, in par- 
ticular, had stated, that nothing could 
equal the attention paid by Ans to the 
prisoners. Yet Aris was soon after 
convicted both of cruelty and other 
enormous oflfences, and dismissed from 
his office. As to Ward's character, 
it was nothing to the House, whether 
* he was or was not a bad man ; the only 
question was, whether he had been le- 
gally committed and properly treated. 
The noble Secretary of Sute's charac- 
terestic mildness and benevolence had 
been urged as an argument for obtain- 
ing extraordinary power, and the same 
character was now thrust forward as a 
groond for stifling all inquiry. So that 
this indiridual character was to super- 
sede the principles of the constitution 
and set at nought the ordinary course 

of justice, when the power granted to 
him had been so disgracefully, cruelly, 
and illegally applied. He should be 
glad to be informed why Ogden's case 
was not to be investigated, a man 74 
years old, who was loaded so heavily 
with irons as to occasion a ruptuie, 
and was, like many others, transferred 
from one gaol to another, and exposed 
as a spectacle to their countrymen. He 
had no doubt the house would decide 
against the motion, upon the bare as- 
sertion of ministers ; but this would 
never satisfy the country. He should 
be glad to know what a House of 
Commons had to do, if not to inquire 
into the grievances of the people. 
When the noble Lord wished to shield 
his own acts andthose of his colleagues, 
then, said he, appoint a committee ; 
but a committee of his own selection, 
of which he was himself a member ; 
where ministers sat to be their own 
judges, and were aided by those who 
would ask for nothing but what the 
noble Lord was pleased to shew them, 
and who would credit any thing which 
he requested them. *« But,** said the 
noble Lord, *^ it is a great mistake to 
suppose that ministers want an indem- 
nity ; what they wish is, to cover their 
friends, Oliver, his fellow-spies, and 
informers.** In short, the bill of in- 
demnity was admitted on the other side 
to be for the protection of those seciet 
and infamous sources of private accu- 
sation, whose purpose was to destroy 
the happiness and reputation of ^every 
honest man. Was it possible that at 
that time of day such an avowal should 
be made ? that in England it should be 
professed, that innocent men should 
be solitarilv confined^ cruelly tortured, 
and unjustly accused, and should ne- 
ver have an opportunity of discovering 
to whom they were indebted for aU 
these deprivauons and sufferings ? The 
injured men were refused a trial, not 
from the tender mercies of government, 
but because they knew that the ac- 

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quittal of the innocent VfoM\d be the 
conviction of the guilty. If this course 
were pursued, it would be utter non- 
sense to talk of the happy constitution 
of Kngland \ and if it were to be in- 
fringed, far better would it be that it 
should be done by the King than the 

Mr Wilberforce stated, that his ha- 
ying described Mr Aris as a man of 
humanity, was on the authority of Mr 
Owen, chaplairv-general, and he con- 
cciTed that the dismissal arose only 
from blame which attached to him ia 
money transactions. He could not 
consider the character of Ward as a 
matter of indifference, and saw no 
ground for investigation into his case, 
unless that he weight meet with the 
punishment which his crimes deserved.* 
The charges of ill trcatme!it had been 
proved in several instances to be utter- 
ly false, and he trustt-J That the House 
would reject an inquiry, the effect of 
which might be to mark men out for 
slaughter, and to send witnesses into 
the country as viccims to private ma- 

Sir Samuel RomiUy said, his prin- 
cipal object in rising was, to refute a 
statement made by the noble Lord, ius 
the humble hope of influencing some 
few votes, viz. that if the facts stated 
in the petitions were true, the sufferers 
would not be depiived of their remedy 
• by the bill of indemnity. How un- 
founded this assertion was, was evident 
from his Lordship's next sentence, in 
which he observed, that the bilj of in- 
demnity now required would be the 
same as that of IbOi, which in the 
first clause expressly enacted ♦« that all 
personal actions heretofore brought, or 
which might be hereafter commenced 
or bl^ought against any person on ac- 
count ofany act, matter, or thing done, 
recommended, directed, ordertd, or 
advised to be done, for apprehending, 
imprisoning, or detaining in custody 
iny person suspected of high treason^ 

should be discharged and made toid. 
Although three of the petitions should 
be proved to contain false charges, 
was that any reason for passing over 
without examination all the rest? For 
instance, why should the fallacy of 
other petitioners be allowed to preju- 
dice the case of that poor man Og^den, 
upon whose hands, at the advanced 
age of 74 years, 30 lb. weight of iron 
were placed while he was suffering 
from a ruptnre. There was at least 
some ground for supposin£^ that his 
petition contained truth ; for he had 
referred to the sUrgeon, Mr Dixon, 
who had attended, and cured him of 
the complaint produced by the weight 
of his fetters. As to the denial given 
by a gaoler to the statement of a pe- 
titioner, he conceived that nothing 
could be more absurd than the pro- 
duction of such testimony. Ward's 
character seemed indeed very bad, and 
if all the allegations against him were 
true, it was only astonishing he had 
not before suffered the punishment of 
his crimes. But this did not justify 
tome particulars of the treatment of 
which he complained. What could be 
imagined more cruel than that of which 
some of the petitioners complained— 
the privation of freedom and food— of 
sleep and health ? What could be a 
greater mockery and insult than the 
parading these men from town to town 
in open daylight, and loaded with 
chains ? and what possible objects 
could be answered by such a wretched 
triumph, except to convince some mi- 
serable minds that some extraordinary 
plot existed against the state I Fur his^ 
own part he believed most firmly, be- 
fore God, that these continual and un- 
justifiable suspensions of the Habeas 
Corpus would^-unless the House of 
Commons should do its duty, which it 
had not hitherto done-— end in the com- 
plete ruin of our liberties. 

Mr H. Sumner stated, that he could 
bring twenty witnesKs to prove the 

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filirbood of the allegatioTit in Ogdeh*8 
petition, ud that they had been re* 
pratetily contradicted by himself; he 
ctrald produce the testimony of Mr 
Dixon the surgeon, that the prisoner 
kd brought with him the disease of 
vhich be was cured* and had express- 
ed bii thankfubess for being led to si 
place where he met with a careful and 
raccfttfnl treatment, what he could 
cot hare expected elsewhere. 

The Attorney-General said, that 
iMweter the detention of persons 
charged with offences against the state 
sight be justified nnder the late act, 
aad admitting that a bill of indemnity, 
a the preadent of that of 1801, 
^Id be passed by parliameni, he 
beg?ed leave to say, that such an act 
Wild not indemnify a graoler for any' 
^Ity or excess beyond that restraint 
vhich vas necessary to the safe cus. 
tody of the prisoners. He would still 
'vnain prosecutable criminally, and 
jiible to answer to the party injured 
i>aci»ilattion. There were instances, 
^*pwiallf in a disturiied district, where 
Jctim aught be necessary in order 
laprcTent an escape. With respect 
to their being sent to distant prisons, 
iM motite was, and he took upon 
waielf confidently to assert it, with a 
^^ to the comparative comfort of 
^^ detained. What complaints would 
^ House not have heard, if these 
t^noni had been huddled together in 
jje crowded prisons of the metropoli.^ ? 
J« contended that the spies and in- 
lerBien from whom government had 
'^ceifed information, instead of causing 
nplosioo,had been the cause why none 
<*** great scale took place ; they had 
P^f^fied the actions of the conspira- 
^' At the, same time he would*in- 
wn the House, that not even one in- 
*»faal had been deprived of his li- 
*rtyfor a single hour, on the evidence 
•* *«y of those informers. The infor- 
■^■crved government merely as an 
•tetDpomt out more creditable evi. 

dcnce, aod unlets where the evidence 
of such persons was corroborated by 
undoubted testimony, it was not in any 
instance acted upon. The noble Se- 
cretary of State, by great exertion, had 
broken the link of a confederacy, 
which threatened society with univer- 
sal pillage and disorder. 

After a few words from Mr Lamb 
and Lord Folkestone, the House di- 
vided, when the motion was negatived 
by a majority of 167 to 58. 

The same motion was brought for- 
ward in the House of Lords on the 
19th, by the Earl of Carnarvon, who 
observed, that when, some days before, 
he presented the petition of Samuel 
Drummond, he had considered it a 
matter of course, that it would go be- 
fore the secret committee. It had 
been appointed at the suggestion of • 
ministers, audits object was to lay be- 
fore the House an exposition of their 
whole conduct, and of the state of the 
country since the report of the last 
Committee. He hoped the conduct 
of ministers would be justified ; but 
he was sure that if they wished this to 
be the result of the inquiry, it must 
not be entered into merely upon evi- 
dence brought forward by themselves, 
upon a case of their own shewing, and 
before a tribunal packed by them- 
selves ; he said, pacKed by themselves^ 
for he begged to state to their Lord- 
shipn, and he was sure he could not be 
contradicted by ministers themselves^ 
that, in the formation of that com- 
mittee, regular lists had been preparedt 
and there was not one name that was 
not inserted by ministers themselves, 
or at least upon their nomination. At 
least, however, he trusted the House 
would not allow all the information to 
be supplied by ministers from their own 
offices. If they left it to the discretion 
of those gentlemen to prepare, not on- 
ly their own case, but the whole of the 
evidence by which that case was to be 
tried, they might trust to Heavea for 

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justice, but they might depend upon 
It, that such facts would only find 
their way into the committee as were 
most favourable to parties on their de- 
fence. Let them look to the proceed- 
ings of those ministers themselves. Be- 
fore two days had elapsed* after the 
production of the green bag^ contain- 
ing, as was at first stated, all the In- 
formation necessary^ they shewed that, 
even in their own opinion, that infor- 
mation was not sufficient. At that 
time another green bag was introdu- 
ced, containing God knows what ; but 
clearly intimating that something had 
been withheld from the former ; and 
if that was not sufficient, even in mi- 
nisters' ow n opinion, why might we not 
have a third green bag produced, as a 
supplement to the second ? As to the 
object of the inquiry, he would state, 
indemnity. But was the door of jus- 
tice to be shut at once against these 
unfortunate persons by such a bill? 
Then let them be told so at once, and 
no longer mocked with hopes of re- 
dress. Was there any thing so deci- 
sively clear in the conduct and charac- 
ter of ministers, as to authorize the 
House to prejudge in their favour the 
case of poor and oppressed indivi- 
duals? Was it the fact, that mini- 
sters stood so high in the estima- 
tion of the public i or was there not 
a feeling wnhout doors, that it was 
possible a case might be made out 
against them, notwithstanding the pu- 
rity of their fame, very different, in its 
complexion and degree, from what was 
likely to be extracted from their own 
green bag? The question was not^ 
whether l3rummond and the other pe- 
titioners were of good or bad charac- 
ter, but whether an effiectual inquiry 
could take place without an examina- 
tion into their case. There was this 
difference between them and their ac- 
cusers : — the latter demanded a trial, 
and that their ffuilt, if any, might be 
openly proved before the tribunals of 

th^r country. His Majesty's ministers 
demanded a trial, not by God and their 
country, but in their own dark cham- 
ber, on their own statement, and by 
judges of their own appointment. Be 
their characters what they might, be 
their feelings what they might, the 
duties of the House, and the feelings 
of the nation, called for an investiga- 
tion ; to acquiesce in which vraa the 
only course which ministers could 
adopt with credit. 

Lord Sidmouth, afterobserving that 
the noble Earl had not gone into the 
merits of the petitions, but had con- 
finjsd himself to the broad ground, that 
all petitions, of whatever description, 
ought to be referred to the committee, 
admitted, that they might be suffered 
to lie on the table, but that to ask 
more than that was to say, that peti- 
tions of whatever description, (provi- 
ded only that they were not couched 
in lan^age disrespectful to their Lord* 
ships,) wbether frivolous, false, mali- 
cious, or libellous, were all to be con- 
sidered. He did not conceive that 
their Lordships could assent to a prin- 
ciple of such dangerous latitude. Of 
all modes of investigation^ too, in such 
a case, that of a secret committee ap- 
peared to him the most exceptionable ; 
a select committee would, he thought, 
have been more proper. Unless the 
petitions contained much more infor- 
mation than that which had been read, 
they appeared to him ouite unworthy 
of notice. Drummond, for instance, 
had undertaken in his petition to prove 
the decorum and propriety of the meet- 
ing of the 10th of Marcn, near Man- 
chester. The magistrates having no- 
tice that the people were then about 
to pi'oceed in a body to the metropolis, 
in order to enforce the compliance of 
the Sovereign with their demands ; and 
that their intentions (as was borne out 
by the facts) were to proceed to acts 
of violence, applied for 13 warrants to 
apprehend those who were most ac- 

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Cai^. 2.] 



the. I>niQiiiioiid was one of the 
aardet waintt whom a warrant was 
mpcdb The people met, to the amount 
of 12^000, were preparing for their 
■arck to London, wkh the intention 
of carrying confusion in their train, 
aad addietsing the prince in person^ 
aad the petitioner was arrested while 
haiaaguing them in the roost vehement 
tenDfl. Two hundred other persons were 
aJao apprehended for tumultuous con-* 
duct at the meetbg ; but not till the 
not act had been read by Mr Holland 
Wataoo, the magistrate. The soldiers 
had DO doubt assisted the civil powers ; 
bat the character of Sir J. Byng, and 
the testimony of the magistrates, were 
pledge* that they had strictly confined 
thoBfielves to their duty. Drummond 
kadtaffered no hardship, except simply 
having been committed. When under 
exaasination^ he made no complaint 
whatever of having been ill treated. 
His maaner was not sullen | he spoke 
lireely, and in such a manner, that it 
was impossible not to regret that a 
person of his appearance should have 
fallen tato such courses. But there 
was Dot one word of complaint as to 
the mode of his apprehension. His 
Ma^eicy's government disclaimed any 
hSL or provision for the purpose of 
piolectiog themselves or those who 
acted under them against actions for 
the cruel and rigorous treatment of 
prisooert. The only ground on which 
they retorted to a bill of indemnity, 
ww^ becaose the sources from whence 
they had derived their information 
ooght to remain concealed. But he 
diaclaimed any protection for acts of 
r^o&Tt if any could be proved against 
hiaa. Two other petitions had been 
presented, which, from his own know- 
kdgCy contained the grossest perver- 
siooa of truth. Of Knight, he knew 
that every accommodation had been 
afibrded, and nothing could be worse 
foaoded than the allegation of Mit- 
dieU, that Oliver had been the cause 

of his apprehension. The warrant for 
that apprehension had been signed be- 
fore government knew any thing of 
Oliver. He owed it to the injured in- 
dividual (he would so call Mr Oliver) 
to state that he was never concerned 
in the insurrection at any period of its 

Earl Gvosvenor admitted, that the 
Hon. Viscoynt was a very fit person 
to be intrusted with extraordinary 
powers^ and that the sincerity and 
mildness of his nature were so many 
safeguards against their abuse. Still 
the House were called upon to send 
these petitions to a committee* The 
noble Viscount had misunderstood his 
noble friend, in supposing that he main- 
tained that petitions of all kinds should 
be referred to the committee. His 
noble friend had proposed to send on- 
ly petitions essentially connected with 
those objects which had occasioned 
the appointment of the committee. 
But the noble Viscount denied that 
any such petitions should be admitted. 
It was admitted that Drummond had 
been arrested by the military } might 
not some of them have been drunk or 
have treated him harshly ? There ap- 

E eared no reason to doubt, that he had 
een cruelly treated by Nadin, against 
whom serious charges were brought 
forward in another place. It was said 
that these people (the blanketeers) 
intended to proceed to London, to pe« 
tition the Prince Regent ; such a pro- 
ject was absurd enough, he would 
frant, but not treasonable. God knew 
ow utterly at variance with a charge 
of treason was the burst of loyalty 
which was manifested upon a late 
mournful event — a loyalty which at- 
tached itself not to the gaudy trap- 
pings of royalty, but to the hallowed 
virtues of a Princess who was the glory 
of her sex, the glory of our constitu- 
tion, and the glory of our country ; 
after the regret so generally felt and 
expressed upon that melancholy occa- 

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•ion, he little expected to hear the 
country maligned by the charge of 
treason. As the charge, however, wa3 
made, inquiry, he contended, was in- 

£Arl Bathurst contended, that it was 
contrary to all usage and precedent, 
to force information upon a secret 
committee, when they were not ap- 
plying for it. The compniuee might 
ask for more information, or if their 
report appeared unsatisfactory, the 
House need not act upon it. There 
were two subjects of complaint in the 
petitions ; Brat, illegal and injurious 
arrest ; secondly, cruel and harsh treat- 
ment during the detention of the pe-» 
titioners. With respect to the second 
ground of complaint, the indemnity 
would not reach it, it woidd not pro- 
tect from any action which the law al- 
lowed on that ground. There would 
be no clause in the bill of indemnity 
to prevent an appeal to the courts of 
law, if any person thought himself ag- 
grieved by cruel and harsh treatment, 
while detained under the Suspension 
Act. As to the charge of illegal and 
injurious arrest, what would the noble 
Lord propose to be done ? Were the 
committee to examine whether the 
petitioners were guilty or not, of trea- 
son? Inthatcase they must go through 
the whole trial of these individuals ; 
and if found guilty, must either dismiss, 
or cause them to be tried over again, 
under the weight of a strong unfavour- 
able prejudice. 

The Marquis of Lansdowne having 
observed that it was not the practice 
of a secret committee to call for pa- 
pers, Lord Liverpool admitted the 
correctness of the noble Marquis, but 
said, that they could apply to the mi- 
nisters of the crown for any papers they 
wanted ; and if they did not obtain 
them, it was perfectly competent for 
them to report to the House that they 
had not had sufficient grounds for com- 
ing to any final judgment. The com* 

mittee had.beea appointed in the i 
invariably adopted on similar occasioiisu 
The ballot dinered from open nomisft- 
tion, only in preventing invidious dis- 
cussions as to particular names* He 
felt anxious to submit the infonmitioa 
on which ministers acted to persons of 
all political opinions* The oonsmittoe 
was not formed on any narrow or p^« 
ty views. He certainly would noC 
choose to submit his conducac to the 
judgment of a committee composed 
exclusively of the noble Lords he savr 
opposite to him. As to the coutenta 
of the petitions, the first ground of 
complaint was illegal imprisonment | 
the second, cruel and harso treatntent. 
With respect to the laUer he should 
only say, with his noble friend, that 
the bill of indemnity would (Contain «o 
clause to screen ministers, magistratea^ 
gaolers, or any other description of 
persons, against the consequences of 
any cruel or harsh treatment. Thie 
point, therefore, was not at issue. Aa 
to the other complaint, of illeg^al inw 
prisonment, which was at issue, he 
would ask, whether it must not be the 
complaint of all who were confined 
under the suspension of the Habeaa 
Corpus Act? This suspeasion bad 
been seven or eight times voted oa for» 
mer occasions by the noble Earl (Grea* 
venor.) Its propriety had been n»« 
peatedly discussed in the House, aad 
might be discussed again, but bad d<v- 
thing to do with the present motion. 

Lord Holland called the attenttoo 
of the House to the curious remark of 
the last speaker, respecting his noble 
friend's conduct on a former occasioo. 
He hoped it would be indelibly eiw 
graved on the minds of their Lord- 
snips, and he implored them to consi- 
der what was the consequence of once 
voting for the suspension of this sacred 
bulwark of our liberties*— if they were 
once betrayed by the represeniationa 
and delusions of ministers to assent to 
such a measure, they were held to be 

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■»P*fecw aft^r of c^eliberating on 

>*eittl^. We deiaied that the Sus^ 

P*«w Act gave vntnisters any power 

^ wwi persons vrl&oin they did not 

■oa to bfing to ^rial• The only 

P«»Ao£ tbe act lo^aa that it might 

benecm^ry to postpoTMs the trial Bat 

*KtiW4Ki^er vras confessedly over 

-^feet a -^car of national misery^ for 

^ w^jectVon of* every man's liberty 

tfttkft'qrSLof one must be productive 

d i^mery of all — after forty Bri- 

tkk tBtnectshad been innnured in i>ri-i 

iOM Bftd diftcViarged without any trial, 

lie si^MBitted tViat it was not too much 

CO ca& apon that House for some in* 

qoiry tato the cause of the arrest of 

f iese anfortnnate persons, and into the 

bvataieet which they experienced while 

iscmtady ; instead of which, ministers 

mmm came forward and said, they had 

obratncd liberty to do all that had been 

dooe. They came forward to say that 

tlMy had been authorizffd to commit 

fiegaUy^ and to treat their prisoners 

crmdljm What else could have been 

expected ? After having, on false. pr6- 

tracggp obtained an act of suspension, 

dbay came forward now and called up- 

os tke HoQse to indemnify them for 

a& they had done even beyond that 

ac^ Yhe aobk Viscount had care- 

hJif refraiBed from touching on any 

of cbe arjgimients of the noble mover, 

W had kept wholly on points foreign 

lathe qDMicioD. There might be some 

^fficalcy aa to form, in sending the 

' ~ la to the committee ; but sub- 

I inquiry could not be otherwise 

t oa. He disapproved of the for- 

of the committer. He would 

always gnaiotain that the persons to be 

ihed ought not to be members of the 

eosBaittce that was to try them. He 

aooid alao maintain, that no confi- 

^eaee ooold beplaced on a report,how* 

ever cofBtcientiously framed, when the 

k famias ion was strictly and jealonsly 

capartfe. Last year ministers had 

TOXr. Xi. TART I. 

evaded inquiry, by raying, that the 
country was in danger, and that there 
wasno time to examinestatementsmade 
eX'partef arid out of doors. Now, af^ 
ter a year had elapsed, and the country 
was so tranquil, what possible reason 
could be assigned for resisting inquiry ? 
What sort of tribunal had they con- 
stituted to decide upon their conduct ? 
Could any unbiassed man conceive that« 
in appealing to such a tribunal, they 
proposed a bona Jide inquiry ? The 
last year he regarded as a year of great 
misfortune. It was a year of delusion^ 
practised in the most execrable man- 
ner ; of power unnecessarily obtained 
and unwarrantably exercised ; of dis« 
tress and suffering, without justice and 
without redress. There was a preva- 
lent suspicion, amounting with some 
to a positive belief, that the noble 
Lord at the head of the home depart- 
ment had not acted constitutionally ; 
that he had exercised powers beyond 
the law ; that in his circulars to ma- 
gistrates, diredting them how to per- 
form their duty, in preventing their 
visitation of pnsoners, in recommend- 
ing the suspension of the great bul- 
wark of our rights, and in employinfir 
spies and informers, he had conducted 
himself in a manner subversive of our 
best privileges, and hostile to the pub- 
lic interests. If ministers did not cnuse 
to submit themselves to a fair and open 
trial, they ought to have candidly 
called for unlimited confidence on ac- 
count of their personal character. He 
would have opposed this claim, but 
he wotild at least have thought it man- 
ly. He would not assert that all the 
mischief in the disturbed districts arose 
from the employment of spies, but he 
was prepared to prove, if allowed, that 
much of it could be referred to that 
origin. He would go farther and say, 
that the employment of spies (he did 
not allude to the receiving of intelli- 
gence from informers) was always un- 

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justifiable, except in cases ofthe great* 
est and roost imminent hazard to the 
state. Nothing but a paramount ne- 
cessity> that set all ordinary rules at 
defiance, and threatened dangers to 
social order* that could neither be met 
iior averted by acting on common pnn* 
ctplesi or exercising all the means which 
human foresight and vigilance could 
suggest, would justify a resort to such 
revmtilDg> hazardous, and abominable 
agency. The fear of trial and expo- 
sure was the only check upon such 
persons, without which, there was no 
limit to their audacity, no means of 
meeting and confounding their rcpre- 
setKtations. He was glad to hear, that 
the bill of indemnity would still leave 
recourse to a court of justice for the 
redress of individual grievances, and 
he hoped an express clause to that 
effect would be inserted ; but he 
dbtrusted such oledges, when he re- 
collected the effects of other bills of 
indemnity, particularly that of I SOL 
He did not conceive, that the refier- 
ence of the petitions to the committee 
^ould be called a trial of those per- 
jons ; it was not to decide on toefr 
guilt or innocence, but on the* manner 
in wluch grovemment had treated them* 
It had been said> that his predictions 
iad not been fulfilled ; he was not in 
the habit of uttering political predic- 
tions, yet he would now venture one, 
which was, that ministers, in conse- 
quence of this partial inquiry, would 
apfply for and obtain a bill of indemni* 
ty; to secure them against the breaches 
of the law of which they had been 
eoilty* He would heartily rejoice, 
nowerer, if this prophecy should hap^ 
pen to be filsified. 

Notwithstanding the eagerness with 
which they had debated the question^the 
opposition members did not attempt to 
divide the House, but allowed the mo- 
tion to be negatived without a division. 

Meantime the secret committees 

were proceeding in their inquiries ; that 
of the Lords delivered their report on 
the i!Sd, that of the Commons on th^ 
27th. The former, as the moat co- 
pious and detailed, is inserted in the 
Appendix. They stated that a plan 
of a general rising which, accordinj? 
to the preceding report, had been first 
formed and then postponed to the 9th 
of 10th June, had been frustrated by 
the activity of the magistrates, and of 
the different persons -intrusted with 
the authority of government ; that it 
had yet partially displayed itself in the 
affair at Derby, the particulars of 
which are briefly noticed { that thia 
had been intended to be supported by 
movements at I]fottingham, and in the 
course of the, night 100 men had ap- 
peared drawn up in line, armed with 
pikes and poles, in Nottinglram forest^ 
waiting the arrival of the Derby inaiir* 
gents. At the same time, a great 
rising in Vorkthire was contemplated ; 
and disorders somewhat similar, thougrH 
on a smaller scale, took place at Htid^. 
dersfield. Forty- four of the Derby 
insurgents were apprehended ; twenty^ 
three were either convicted or pleaded 
guilty ; eleven absconded ; the remain- 
ing twelve were not tried. True bilk 
had also been found against a number 
of those concerned in the disturbance 
at Huddersfield; but though there 
could be no doubt of the treasonable 
proceedings of which that place -w^aa 
the th^tre, yet there was not found 
sufficient evidence for the couTiirtioti 
of any individuals. The committees 
were satisfied that the extraordinary 
powers vested- in his Majesty's govern- 
ment had been temperately and judi- 
ciously used ; that no connnitmeata had 
taken place, unless such at were v^nr* 
ranted by circumstances and support- 
ed by information upon oath i and 
that the period of detention had been 
guided by the same sound diseretton. 
They wereconviaced that there still ex- 

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Chap. 2.] 



ten, ready to take advantage of any op- 
poftmifty to hivoWe the country in con« 
ffonoB ; but the imprOTed state of the 
lower orders in the cheapoeM of pro- 
tisioot and the faciUty of emp]oirinent» 
had deprived them of the chief in- 
ftmmeots on which they rested their 
hopes, and there appeared no reason 
to dovbt that the vigilance of the pol 
lice, and the unremitting cafe of go- 
vemment, would he sufficient to pre- 
vent any fiirther commotion. 

The report of the Lords' commit- 
tee was speedilj followed up by the 
Bin of IndemnKy, already so repeat- 
edly omened and announced. On the 
S5th of February, it was introduced 
by the Duke ot Montrose, and en- 
t]Ued» <* a bill for indemnifying per- 
sons who» since the 26th of January 
1817f have acted in apprehending, im- 
prisoning, or detaining in OMtody, per- 
sons suspected of high treason, or trea- 
sonable practices, and in the suppres- 
sion of tumultuous and unlawful assem- 
bBes." This measure was opposed in all 
its stages, and the debates were pro- 
tracted to a very great length. They 
coald not, however, include any other 
snlMeet8orarguibent8,than those which 
bad been repeatedly discussed in the 
cbse of the last, and beginning of the 
present Session. To enter, therefore, 
B0W into any ehiborate analysis of 
tiieas, would be involving ourselves in 
useless and tedious repetition. It will 
be enough to report the speeches of 
oae or two members, who had taken 
fittle or no part in former debates, 
whkfa, thougn on different subjects, 
led essendally to the same topics. 

Lord Erskine, in supporting the 
Marquis of Lansdowne's motion, for 
delay and farther inquiry, observed, 
iktt the necessity of the suspension, 
even if proved, could be no objection 
lo this, which was merely to ascertain 
aittdier the powers conferred by it 

had not been unnecessarily overstep* 
ped or converted into instruments of 
oppression. He had long entertained 
a sincere regard and respect for the 
noble Secretary of State, whose cha- 
racter for humanity and moderation 
he would be ready at all times to at- 
test. Admitting, however, that he 
and the magistrates had acted with 
the utmost purity of intention, this 
ought not to protect those who had 
given them information which was 
malicious and infaroouslv false. Even 
if Lord Sidmouth, in the exercise of 
such a difficult authority, had been 
betrayed into some illegal proceedingSf 
an indemnity would be justly due to 
him ; but upon what principle mali« 
cious, sangumary, peijured tnformevs, 
even after the most decisive proofs oiF 
their guilt, were to be saved, harmless 
and protected, he was utterly at a loss 
to comprehend. The powers g^ranted 
under the suspension, did not justify a 
magistrate in acting upon secret infor- 
mation ; or if this could be tolerated 
in disturbed times» when the laws were 
not in force to protect the innocent, 
to extend that secrecy to periods of 
profound tranquillity, was a principle 
utterly subversive of the British con- 
stitution. This false principle of se» 
crecy would in itself be mtolerable, 
even if there were no actual victims to 
it, but it was notorious that there were 
many, though the House had ^fused 
to look at their supplications ; giving 
the utmost credit, therefore, to his no- 
ble friend's integrity and discernment, 
it was quite clear he had been imposed 
upon b^ the artifices of designing men, 
wno wished to recommend themselves 
by their apparent zeal fLord Sidmouth 
signified bis dissent.]] His noble friend 
had no doubt honestly dissented, but 
his own conviction was, that the ad- 
mission of the evidence, which was the 
object of the amendment, would profe 
clearly he had been deceived $ and no 

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man ought to presume to contradict 
himy who gave his vote to shut it out ; 
and how and why the House had been 
deceived, • the evidence* would have 
shown also. He protested against the 
mode in which the committee had 
been nominated. The ballot might 
indeed be justifiable in cases of diffi- 
cult investigations, involving no ques- 
tions of public hbertVy but it was 
shamefully abused, when the mini- 
sters, who thus named the committee, 
were themselves to be indemnified, and 
the whole evidence to, be of their own 
producing, although the report to be 
made was at once to deprive multi- 
tudes of oppressed and ruined suffer- 
erSf of all redress under the laws against 
the falsest and most infamous ofman- 
kind. No precedent could sanctify 
such injustice. He did not mean to 
•ay, that the committee was entirely 
composed of ministers, but if he were 
himself upon trial, he should think 
himself quite safe to have such a pro- 
portion of his jury selected by him- 
self, or from among the number of his 
steadiest friends. What wpuld the no- 
ble Lords have said to the same stri- 
king of a jury, had it been adopted 
under the special commission at Der- 
by, where the prisoners were tried and 
executed ? The proceedings of mini- 
sters defeated their own object. By 
putting down these disturbances ac- 
cording to the ordinary course of law, 
they wpuld have eiven dignity, popu- 
larity» and strength, to the administra- 
tion of justice, and would have taken 
away from the disaffected all their po- 
pularity. All the friends of order and 
good government would have been 
against them — all the enemies to the 
most temperate reformation would 
have been no less so ; and even the 
wildest reformers, the claimants of uni- 
versal suffrage, would have held them 
• in detestation, because they knew, by 
dear-bought experience, that nothing 
had so notoriously and so effectually 

put down even the possible chance of 
reforms, or changes of aify possible 
description, as when they had been 
rashlv clamoured for by libellers, or 
sought for amidst the tumults of ig- 
norant and desperate men ; but instead 
of taking the advantage of this obvi- 
ous separation of interest and feeling 
between the great body of the people 
admitted to be untainted, and those 
accused or suspected, ministers had 
blended them altogether by a univer- 
sal, useless, and mischievous eclipse of 
public liberty. He was far from wish- 
ing to question the decisions- of juries. 
He only wished to remark the popu- 
lar feehng, which considered the ac- 
cused as martyrs and patriots, rather 
than culprits, in the hour of trial. 
The report itself declared, that the 
great body of the people had remain- 
ed untainted, even during the periods 
of the greatest internal difficulty and 
distress. Good God ! exclaimed Lord 
E., what more could any government 
expect or wish for in any nation upon 
earth? How very different was the 
state of public feeling during the early 
periods of the French Revolution! The 
fact was also proved by the universal 
loyalty of the nation on a late lament- 
able event. If his voice could reach 
to the remotest part of the island, he 
might appeal to its whole population, 
who, as if they had been all the chil- 
dren of the same parents, were shed- 
ding the tears of affection and sorrow 
on the unhappy loss of the presump^ 
tive heirs or the British Crown. In 
the face of all this evidence, was it not 
the height of absurdity to consider, 
that the ordinary laws were not suffi- 
cient to protect the government against 
a delirious rabble of unarmed noen, co-' 
ming up with a petition in their hands 
to lay at the Prince Regent's feet ? 
What will other nations think of our 
boasted laws, So famous for many ages, 
if we ourselves shall acknowledge that 
they are not even sufficient against a 

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Cbap, 2.2 



aoh ? and that, according to the pro- 
position of the noble Duke vyho made 
the original motion, a bill of this kind 
most follow whenever the Habeas Cor- 
pus Act shall be suspended ? A mea- 
sure of this kind, sanctioning all abu- 
ses in administering the severe provi- 
sions . of the Suspension Act, and, 
bf one sweeping provision, protecting 
efery kind of wrong, appeared to him 
so far from being a remedy for disaf- 
fection, that it was layin? the very 
foiindations of future rebellion and re- 
volution. He thought i^ his duty to 
say distinctly and boldly^ that no peo- 
ple would long submit to be governed 
by a legislature, that trampled upon 
etery principle of the constitution. 
Parliament ought to beware ^f going 
beyond the endurance of a free and 
enlightened people. 

The Lord Chancellor observed, that 
it was allowed on all hancb, that there 
were cases which called for the sus- 
pension of the Habeas Corpus Act, 
and others which called for an Act of 
Indemnity* The suspension appeared 
to him, in the present case, clearly to 
bare been necessary, and the indemni- 
ty to follow it as a statural conse- 
oaence. It was now a century and a 
£alf since the Habeas Corpus Act was 
passed* in tke rdflm of Charles the Se- 
cond. It formed the great bulwark 
of oar liberties, and the pride of our 
ccmstitution. But that very act would 
have caused the greatest danger to the 
coBstitntion, if Parliament could not 
control Parliament—if what was then 
enacted conld not, on certain emergen- 
desy be suspended. His noble friend 
bad read that part of the report, which 
represented the great body of the peo- 
pk to have been sound, and triumph- 
aotlj asked, if that did not prove the 
snipefision to have been unnecessary ? 
JBot he would ask his noble and learn- 
ed friend* whether the great body of 
th e peo ple were not sound in the reign 
of Wnham the Third ? Yet the sus- 

pension of the Habeas Corpus passed 
three times during that reign, and they 
were •respectively followed by three 
Acts of Indemnity. These acts did 
not go to prevent inquiry into indivi- 
dual cases, but to justify and cover 
violations df law, which the times ren- 
dered necessary. Acts of Indemnity 
were passed, not only in the reign of 
King William, but also in 1715 tod 
1746, and nearly in the same terms as 
the present bill. The next instance 
was in 1794, when the exchunation 
was, ** O, how can you suspend the 
palladium of our liberties, on account 
of the London Corresponding Socie- 
ty, and a few meetings at Sheffield ?*' 
Parliament did not, however, think so 
lightlv of the matter. The legislature 
felt, tnat a great portion of the lower 
orders of the people had imbibed most 
dangerous opmions. They perceived, 
that the people supposed they could 
do better without King^i Lords, or 
House of CommoDft ; and they right- 
ly concluded, that such an opinion 
was more dangerous to the existence 
of the state, t nan the temporary sus- 
pension of any law. That act expired 
m 1795, and till 17989 no new suspen- 
sion took place. In 1801, an indem- 
nity bill was brought in ; but, durjog 
all the intermediate period, from the 
expiration of the act to the introduc-i 
tion of the bill, not a single person 
thought of bringing an action, or com- 
mencmg a suit. The moment, how-* 
ever, the indemnity bill was proposed 
in 1801, then all tnose who were pre- _ 
viously silent— -who had made no com- 
plaint whatever — came forward with 
statements of their grievances. There 
was nothing which could induce them 
to adjourn the proceeding for a fort- 
night, unless it were of such a nature 
as would authorize its rejection alto- 
gether. To call on their L<»^>l^ip8 
to stop, at this moment, in order that, 
at the end of a fortnight, persons 
might come forward to fasten on tndi^ 

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viduab with cootemplated complaints, 
wa8 a proposition too unreasonable to 
be acceded to. The suspension had 
been agreed to upon the report of a 
comiDittee» which had been spoken of 
in highly objectionable terms, but the 
composition and formation of which 
had been chiefly according to former 
precedent. He ▼eaerated the consti- 
tution of the country, and he did not 
like to risk the loss of the benefits it 
conferred ; but he was well assured, 
that had not this measure been adopt- 
ed, the loss of that constitution would 
hare been risked, under which domes- 
tic happiness and public prosperity 
flourished to a degree unknown else- 
where. Those who were acquainted 
with the real nature of the danger 
which threatened the country, doubt- 
ed much, if decisive steps had not been 
taken, whether they wonld have been 
now expressing their opinions in that 
House, He entertained the highest 
respect for many of those noble JLords 
who were opposed to him in opinion, 
and particuurly for the noble Marquis 
who made the motion ; but that man, 
he thought, must have a stout heart, 
vtho did not feel alarm at the distur- 
bance produced by the Spafields riot* 
ers. To the suspension he thought 
the tranquillity of the country was 
more owing than to any thing else. 
That measure was not intended for 
any problematical effect ; it was called 
for, and justified by the state of the 
country. It was mild, merciful, pre- 
ventive of much disturbance and mi- 
sery, instead of being the occasion of 
misery. The principle of the bill was, 
that no redress ought to be given for 
unjnst imprisonment, under the sus- 
pension. If he, although innocent, 
had been taken up and confined on 
suspicion of treason, he should give 
way to the public safety ; he should 
patiently bear the hardships of his fate 
for the good of his country. It was 
also necessary, that ministers should 

not be cUig«»d to disdole the evideiwe 
on which they had acted. A noble 
Earl had said, that the deposittoos 
might be given widiout the names ; 
but all who belonged to a legal pro- 
fession must know, that the teaor of 
the depositions would be sufficient tm 
shew by whom they wiere given. Hm 
must then repeat the proposition, that 
the necessity of the suspension, and 
the safety of the country, precluded 
those who complained of suffimng un« 
der that suspension. This proposition 
he felt himself bound to state, suthoagh 
he fek great erief that such ajproposi- 
tion must falffrom his lips. The prac* 
tice of suspending the Habeas Corpus, 
could not be given up without conse* 
quences that would strike at the root 
of our great and free coiratry. Great 
and free it never would have been, if 
Parliament had not had the sense and 
the power to suspend its liberties. 

The other speakers were, on the 
ministerial side, the Duke of Mon- 
trose and Lord Sidmouth. On the 
opposite, the Marquis of Lansdowne, 
Lord Holland, Earl Grosvenor, and 
the Earl of Carnarvon. The second 
reading was carried by a majority of 
100 to SS. In the committee^ the 
Earl of Lauderdale moved as an amend- 
ment, that the indemnity should begin 
to operate at the 4<h of March last, 
when the bill was passed, instead of 
the 1st of January, as now proposed | 
but Lord Liverpool observed, that in 
the disturbed state of the country, 
and while the bill was passing through 
Parliament, it might have been neces- 
sary for Magistrates to anticipate its 
provisions. He acceded, however, to 
change the period to the 26th of Ja- 
nuary, or wnen Parliament met. Lord 
Holland mentioned an amendment re- 
lative to the mode of discharging pri- 
sonei:s, but did not posh it. 1 he Mar- 
quis of Lansdowne moved for the omis- 
sion of those words in the bill, wihich 
went to extend indeminty to magi- 

Digitized by 


Chap. 2.^ 



i Cdt amtUog peraoas in tmnul-' 
tooos assemblies) on the ground that 
time could be here no, need of secre- 
cy I bat Lord Liverpool conteaded* 
tkat audi a case, where groat nufBibert 
MMi often be taken up without aar 
wM>-»^ iavettigation, was one in which 
tlttOB^^istnitet pecoliarljrequiredpro- 
tectaoo against veiiatious suits* The 
aoKBdniHit was negatived Lord Ers- 
kiae tiieii moved, that the iadeainity 
sbcMild B«t extend to any thing done 
awlickiptly, or without reasonable or 
pcabaUe cause ; but theChaacellor ob«> 
scrvedy that such a provision would 
williFy the whole billi and it was ac- 
covdiagly rejected. Lord Lansdowne 
aovedy tbat Iceland should be left out» 
as the provisions of the Suspension Act 
did not extend to that country.- Lord 
Sidawwrth ititedythat the name of Ire* 
kuid was introduced to meet a special 
case of e person who was apprehended 
there for acts done in Great Britain i 
h«t Lord Holland urged, that Ireland 
should be kft out, and that a clause 
sKonld be ietroduced, embracing mere- 
ly tbe apccial case. This was agreed 
to by Lord Liverpool The Eoii of 
CamrvoB thea protested against the 
ya y — c e t of douw cosU by the plain^^ 
tifeBt in aotiona already be^n, and 
Lovd Kiag condemned the mtroduc- 
MD of double costs into the bill alto* 
«tthcr| bttt the Chancellor stated, 
tbat the eext provision of the clause 
enacted, that those who stopped pro^ 
tiidsnga should not be liable to any 
ceats, and that double costa applied 
only to those vrbo persevered, after 
Farhaaoent had taken from them the 
gioood ci action* This explanatioh 
waa aDowed to be satisfactory. The 
Ead of Carnarvon proposed a clause, 
by which ^le proceedings of persons^ 
aggrievad onder the Act, were only 
to be atayed upon an affidavit from 
tht^flecntarf of State, that the action 
cosld not be defended without produ- 
amg evidcttce tbat would be injurious 

to individuals and to the public ; but 
Lord Liverpool observed, that this 
would subject aU magtstratea, and per- 
sons acting under them, to the discre* 
tion of the SecreUry of Sute. Lord 
Carnarvon, however^ intimated his in- 
tention of pr<H>osing the clause anew. 
Lord Lauoerdde said, he had sUll an 
amendment to propose, though he did 
not exi>ect that it would be adopted. 
It consisted merely of an alteration in 
the preamble, in which, by fii%t barely 
reciting the facta of the Derbyshire 
risinff, and then the measures which 
had been founded upon Uiem, he en- 
deavoured to expose the latter to ridi- 
cule. The amendment, which was in^ 
tended merely aa a jeu d'espriif was 
accordingly neg^atived. The report 
being then given in, the thh-d readug 
took place on the 5th of March. A 
fresh debate, of considerable length, 
took place, in which the measure waa 
attacked by Lord Auckland, Earl 
Grosvenor, the Marquis of Lans- 
downe, and the Earl of Carnarvon | 
and defended by Eaxl Batburst, the 
Lord Chancellor^ and the Earl of 
Westmoreland. It was then carried 
by a majority of 96 to 27. A pro- 
test, however, was entered on the 
journals by Lords Erskine, Camaiv 
von, Grosvenor, Lauderdale, MoiA- 
ford. King, Auckland, Holland, 
Lansdowne, and Rosslyn. 

The bill having thus passed the 
Lords, was introduced on the 9th 
March into the House of Commons. 
Here debates ensued of equal lebgth ; 
but, upon the same; principle of 
abridgment as in our rejport of the 
other riouse, we shall connne ourselves 
to those of Mr Lamb, Mr Brougham^ 
and Mr Canning. 

Mr Lamb observed, that in risbg 
for the first time to give an opinion ot 
the measures adopted in the present 
Sessbn, with a view to the transact 
tions of last ^ear, he' could not but 
feel great pam in differing from so 

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maDy. of those whose persons he es- 
teemedt and whose opinions he respect- 
ed. It had been supposed, that the 
grounds of the opinions which he, with 
others, entertained in the former Ses- 
sion, had been materially affected by 
events which had since occurred, par- 
ticularly by the issue of the trials at 
Westminster, and Derby, and even by 
that of Hone. ** Sir, I beg say 
for myself, -and in saybg this, l*con- 
ceive I am asserting a great and im- 
portant principle, that I voted for 
those measures upon general views, 
upon a persuasion of the disposition 
which then prevailed in a certain por* 
tion of the community, upon the lan- 
guage which was then held, upon 
the opinions then professed, upon 
the designs and intentions then mani« 
fested ; . I voted for those measures 
upon legislative reasons, upon such 
reasons as are fit in their nature to 
sway the judgment and direct the con- 
duct of a member of this House ; and 
allow me to say, that a judgment so 
formed is not neccessarily invalidated 
or corroborated, is not necessarily af- 
fected, by any thing that passes in 
courts of justice, by the result of any 
judicial examinations or investigations, 
by any inquiries before tribunals, form- 
ed for entirely different purposes, act- 
ing by entirely different means, and 
proceeding towards another purpose 
and end, by another course.*' No man 
respected more than he the verdict of 
a jury when confined to its proper ob- 
ject of determining the guilt or inno- 
cence of a pii&oner, but not as ex- 
tended to the maintenance of general 
political propositions. Perhaps the 
danger might have been exaggerated ; 
be was unwilling to renew former dis- 
cussions' ; ** but since the disturbances 
in Derbyshire ha?e been mentioned, I 
will ask, whether it is possible to as- 
sert, whether human credulity can go 
the length of believing, that that tu- 
mult was an accidental, solitary, in- 
ulated proceedings that it was un- 

connected with any more extensive kr* 
rangement, or more general under- 
standing ? I aski whether that is, upon 
the face of the affair, a reasonable 
conclusion ? and I believe I may safely 
appeal to those who have had the best 
means of information upon the sub- 
ject, whether they do not know the 
contrary to be' the fact." — In arguing 
against the measure, every thing was 
taken for grantcfd ; the secrets of time 
were raised, and imaginary evils con- 
jured up I while, in defending them- 
selves, ministers were stricSy tied 
down to the record of facts. There was 
a great difference between civil and 
military services, the latter of which 
were publicly performed, and univer- 
sally acknowledged. Not so to the 
services of the minister | they lie not 
so much in acting in great crises, as 
in preventing those crises from aris- 
ing ; therefore they are often obscure 
and unknown, and not only obscure 
and unknown, but subject to every 
species of misrepresentation, and often 
effected amidst obloquy, attack, and 
condemnation, when, in fact, entitled 
to the approbation and giatitude of 
the country: — they are lost ia the 
tranquillity which they are the means 
of preserving, and amidst the prospe- 
rity which they themselves create. If 
some extraordinary measure was ne* 
pessary, he considered it much better 
to have recourse to the preoedented 
one of the suspension, of which the 
effects had been tried and expericDced, 
and from which they could return to 
the constitution unimpaired, unless by 
the inevitable effects of the precedent. 
The committee had been afraid to 
express the ground of hope which 
they entertai^d, lest it should have 
failed them. Now, that it had been 
fulfilled, and that the prospects of the 
country began to brighten, he consi- 
dered it imprudent to give way t0«tao 
confident security and preowture ex- 
ultatidn. *' It is impossible to survey 
the continent of Europe, with its jar- 

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liig ad cobfflctiDg interests^ witli its 
mc odieary efttablishmentSy whtcli 
kaie btctt eageDdered and prodaced 
bytkfieat war ie which the world 
ks Incd engaged, and by the ambi- 
tkn of tbe enemy » — it is impossible to 
ootmpkite the internal situation of 
ttiiooiiDtry»witb her Tast load of debt^ 
lier great ^tandal embarrassments, and 
tbe Hate of society^ in some respects 
nuBtnral and distorted, which has 
siowB up withm her,— it is impcmi- 
ue to reiect upon her vast colonial 
tmkories and dependencies, scattered 
ai tWy are in every quarter 6f the 
globe, aad containing within them 
tw y y c i ea of the human race, every 
&nirof homan government and every 
coadilMo of human nature, — it ts im- 
po«d»k to consider them, with their 
Kigbkmrfaoods and vicinages, new na- 
tioai growing np into a magnitude be- 
ywd coaception with a velocity ex- 
codm; thought, — I say, sir, it is im- 
pome to look upon this spectacle 
•«Wiit £eding^ of aw*, of alarm, and 
^prtkntiOB.'' With regard to the 
nipbynient of spies, he could not 
we the reprobation with which it 
^bica tteiMiooed t at the same time/ 
^ ito of tltt question must be 
^msidered. On the one hand/ 
^ Bist ioriir attow the encourage- 
■nt «4Uf tm man's presence and 
^med character was calculated to 
^ to designs aihl schemes which 
■iglit otherwise not have been enter- 
*««d or ondertaken ; on the other 
^ «e smst not suffer ourselves to 
^«sde die du|»e8 of tliose whose evi- 
^ iatCRst it 10 to heap all their own 
^upoo the head of Oliver, to put 
a ka flMMith dtt violent lan^age and 
2jW piopositioiit by whomsoever 
kid omade, and by so charging him, 
**W7 to liberate and absolve them- 
'^ His conduct had been most 
*ickcdaaA nefarioui S he had used the 
^Mtfioleat language, and, ridicuHnj^ 
P^fanemary reform, had uniformly 

advised them to have recourse to phy- 
sical force. This, however, was a cha- 
racter which he assumedy not at the 
suggestion of government, but of the 
London conspirators, who nniformly 
proceeded upon this system ; and the 
manner in wnich he had been welcom- 
ed and trusted, and in which his se- 
cret had been kept down to the mo- 
ment when he was discovered to have 
been in*tfie employ of government, 
clearly shewed how much a-kin these 
sentiments were to the minds upon 
which he acted. Mr Lamb did not 
perceive a very broad distinction be- 
tween spies and informers. The lat- 
ter might indeed be influenced by good 
motives ; but in general, interest and im- 
punity were their objects. *• When the 
public indignation was excited against 
an offender, the same nicety was not 
felt as to the mode in which he was 
convicted ; but when the public sym- 
pathy and commisseration is, as it is 
very apt to be in state prosecutions, 
excited in favour of the accused— ^nd 
the public feeling, allow me to say, 
may very possibly run in a current di« 
rectly opposed to the public interest 
— then we examine every step with ut- 
most rigour, and lay down strict rules,' 
from which in other cases we depart 
in silence and without observation." 
Viewing the subject in this light, he 
felt himself bound to support the bill. 
Approving of the measures of last 
year, he conceived, that, under them^ 
acts might have been done, meritoriout 
in themselves, but illegal ; and others, 
which, though legal, could not safely 
be proved to be so. He bad not vo- 
ted last year blradfold or in the dark ; 
he was sdways aware that injustice and 
oppression might arise from the exer- 
cise of secret powers ; but, overruled 
by the necessity of the case, he voted 
for the suspension as a great confier- 
vative measure of state. Believing 
that the powers granted had not been 
exercised tyrannically or oppressively. 

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be hcMutcd not in extending'to miai* 
aten the protectio&of a£ur indemnity. 
Mr Brougham^ tbouffh he wat nat 
altogether unprepared for the course 
which waa to oe taken by his honour- 
ably frien4f could not help regretting 
that a person of so much weight in 
that House and in the country^ fronn 
Us accompUsbmentSt his taleot% and 
his charaptCTf should have lent himself 
to the support of fuch a measure. At 
the sa^ie tune, rich as his hooourabie 
friend's speech had been in general ob- 
seryations^ powerful as it lud been in 
elo^uencet beautiful in itsillustratioost 
Yanous in its topics, and animated in 
deUvery^ those observations and that 
eloquence were no more than so many 
vague generalities, applicable, if not 
to any subject, at least to any pe- 
riod, any govemmentt or any dan- 
ger to such governooent, and entirely 
unconnected with the measure of in- 
demnity now before the House* The 
only part which appeared to him to 
have any relation to the subject, con- 
sisted in a few sentences at the end, 
in which he observed that persons in 
the late crisis of the country, might 
have been called upon to do acu not 
strictly lega\, or which, though legal, 
they could not safely prove to have 
been so. Mr Brougham said, if this 
had gone merely to protect rnagis^ 
trates who had acted under the neces- 
sity of the moment, he could readily 
concur ; but it went equallT to pro- 
tect a person whom he should describe 
without periphrasis, without any of 
thoee respectful circumlocutiona with 
which he had been generally ushered 
into the notice of the House by the 

gentlemen opposite, the person who 
ad been called by the various names 
of *^ that loyal and upright subject," 
** that much injured individual," ** that 
' meritorious aeent of the police,"*-4ie 
meant that Ouver: it confounded such 
a magistrate as he had described with 

tUs iBaa, or with any other snch m^ 
creant, if any other such there ccmsI 
be— -that is, it placed those persons i 
the same attitude as the magistrate 
by holding out the same indemnity t 
tbeou As to the difficulty of defeni 
ing actions, he did not believf these wi 
the least difficulty of producwg wk 
aesses in the fsce of the country, j 
QI>en court, in public sad hoooiuah 
triah This had been done at all forn 
periods, particularly in 18X2, wheall 
report of the committee was as stroi 
as at present, and equally represeatt 
the danger incurred by giving c^ 
dence. But (low did the gowmroei 
act on that ocemomi la a manner U 
which he gave than ctcdit. Tbs 
brought to trial all those n^^ainst wboi 
they could procure any mfianwtia 
Numbers were tried, and nuafd^rs < 
witnesses were examined ; and he vroul 
ask* what person was ever iajured c 
this account? what person was ev< 
exposed to the slightest risk? Bi 
vithout recurring to 1812, he \u 
another instance in view, in which tt 
same course was adopted { in whic 
more than a hundred witnesses, afo 
dischanpag their conacienoeabyairea 
ing to facts of conspiracy and treasc 
—after leaving the prisoners to exca 
tioB— went peaceably honse the nc] 
day without threat or okolesUtioi 
He need only remind the House < 
the trials at X)erby: not one of tl 
hundred witnesses called on that o 
casion had experiencpd the aliffhte 
inconvenience. Now^ when on tneai 
tbority of the report itself, on the ci 
dence of their own senses, on the a< 
mission pf bis honourable friend, it w 
plain that perfect traaquiilitTprevailt 
over all the country, that toe suspei 
sion was no longer necessary, and tl 
ordinarr course of law was restored 
every thing else, it rested vrith tl 
supporters of this bill to shew (ai 
he wished his honourable friend wou 

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fk#) wliy perKMis against whoni ac* 
MiveK'tHmiglit* were unable to a« 
111 tlMindfes of a just defence ; what 
inewitlttoarlawmefficiettts what 
mfefcd it 80 powerless now, that for 
ikftit tine it was impossible for an 
taltnin to produce his witnesses 
far far of ^ dangers they might in- 
or. Heeoidd not help making some 
obBiHioBs on the stigma which had 
bnillrewtt upon all petitions. The 
Untbas ot two dymg persons had 
bccKpoCed i^akst the character of 
Wud, tad some credit was doubtless 
^ to persons tinder such circum- 
ttsoeij but if they were to be ere* 
Mi #kii a halter round their necks^ 
isdaskiag a declaration which they 
bnr to be agp^eeable to the magis^ 
tme irfao reeeired it, ^ad which in 
^ siersd their only hope of escape 
^ORcntion ; how mucn less should 
^BoUeLord refuse the' dying decl»- 
'itm of ittdifidualsy whQ made those 
^Khrttioas to persons, and io a man- 
wtkst precluded every hope of et- 
ope fifom the fate that awaited them ; 
^ fc persons to whom he had last 
"Wrf were to be behered, they tra- 
0* to OKfer the plot for which they 
nfaaddeath i but these were not the 
^tlnagt tint could be stated, nor 
4 tlior connexion with Olirer rest on 
tW ip^ decbration of one of the 
*"»WBDed. The reasoning by which 
tbe HoBie had been bron^t tb resist 
>8 isqairf, seemed to him rery far 
^ being strong or conrincing. He 
^yet to kam by what legitimate 
Facets oi argumedt it was decided, 
^ because one petitioner had pre- 
*B*tt4 enggerated statements,— -that 
lectin aaodier had addressed to the 
^^afc what was Mse,--dtat becauae 
^*<i^ had magnified his suierings 
{yrf the flriet line of truth*— that 
J«e a fourth was a man of aban- 
'•■rf character, therefore the House 
^ to lend no ear to any petitions, 

however different in then* nature, and 
however diflerently they came reeom* 
mended by the character of those who 
framed them. The House had now 
got to this—that it reckoned comjdatnt 
sufficient to excite suspicion against 
the person who preferred it, and 
thought it enough to throw discredit 
on a man's word or oath, if he was 
found coming forward to state his 
grievances. What was the use of ad- 
mitting the bare abstract rieht of pe« 
titioning ? what did it signi^ whether 
the doors of the House were thrown 
wide open to applications or not, tf 
the petitions of the people produced 
no effect ; if they were merely received 
and neglected $ and if the petitioners, 
when they complained of grievances, 
were to be told, ** your statements are 
false ; they cannot be listened to ; they 
do not even deserve Inquiry into their 
allegations ?** Mr Lamb had asserted 
that the spuit of sedition and disailec- 
tion in the country was not quite sub- 
dued ; that there was a part of the 
country in which it continued to flou- 
rish under sdl circumstances of good or 
bad harvest, of employment or want 
of employment, of high or low wages. 
He referred to the manufacturing di8« 
trtcts, containing upwards of three 
millions of men. Mr B. must be al- 
lowed to call this a foul charge against 
all the manufacturers of England, thus 
held up as a body on whom the go- 
-vemment could place no reliance. All 
his honourable friend's confidence was 
reserved for ministers ; and so bound- 
less was its reliance on that quarter, 
that it could only be compared to his 
own description of the treasonable pro- 
pensities of the manufacturers, never to 
be controlled by circumstances. If there 
was any truth in this charge against 
the whole manufacturing popuhtioo, 
' it proved that we could not enjoy the 
benefits of a free constitution, and that 
mhnsters ought to demand a renewal 

Digitized by 




of the suspension instead of an indem* 
iiity. Mr Brougham defended Mr 
Poiisonby from the allegation which 
had been made of his agreeing to the 
i^uspension Act. He had differed in opi- 
nion from hisfriends as to the report, but 
on all other subjects they were agreed. 
His lamented friend was on all occa- 
sions the firm defender of the consti- 
tution, equally against any threatened 
turbulence of the people as against the 
encroachments of power. He was a 
man of too sound a mind, and too firm 
principles, to be led away bj vague 
generalities, unsupporte^d by facts, or 
to surrender the liberties or the peo- 
ple, when ministers found it for their 
interest to sound a false alarro^ and 
pack committees to find matter of ac- 
cusation against the country. He kept 
to the sheet-anchor of the constitution* 
and the more the storm raged, he held 
by it the faster, as the only means of 
weathering it out. He was a true 
constitutional lawyer of the old school 
Mr B. would not so much have object- 
ed to the indemnity, if the measures 
leading to it had been in consequence 
of any real alarm felt by niinisters. In 
fact, however, their conduct arose 
merely from a sense of their unpopu- 
larity, and a desire to maintain their 
places. Thinking a plot necessary, 
they made one, resolved to maintain 
their places, though they destroyed 
the liberties of their country. If the 
House were thus to agree to every un- 
constitutional measure suggested by 
tht minister, the substance of the con- 
stitution was gone, and the rights of 
the people of England were held at the 
good will and pleasure of the ministers 
of the crown. 

Mr l^amb explained, that he had 
been far from saying that the whole 
manufacturing popuOition was disloyal, 
but merely that tnere were some agi- 
tators among them. 

Mr Canning had formerly conceiyed 

it unnecessary for ministers to tat 
part in a discussion in which the bi 
lance turned so decidedly in their fa 
vour, but as the question in some dc 
gree personally involved them, it migli 
be proper to shew that they did oc 
shrink from the discussion. He agree 
with Mr Lamb, that the necessity fo 
the Indemnity Bill arose not so muc 
from the Suspension Bill, as from th 
same circumstances in the disturbe 
state of the country, which o^lcd fo 
that bill. The object of it was to gi» 
indemnity for acts beyond the law, bii 
necessary for the public safety, and, i 
the case of legal acts, to dispense witi 
the necessity of injurious diKlosures i 
proving their legality. There was n 
alternative between indemnity and iffl 
peachment ; if ministers had properl 
used their powers, the former was du 
to them ; if they had abused thos 
powers, the latter. It was difficult t 
find precedents, preciaelr and accu 
rately agreeing in all particulars ; bu 
one point was clear, that the very ei 
scnce of a suspension of the Habea 
Corpus, implied not proof of guilt b| 
trial, but detention without trial Th 
very first act of this kindt after th 
Revolution, authorized the king to ar 
rest and detain persons^ su^pe^ted o 
conspiring against his person and go 
vemment, expressly recognizing th 
propriety of not bringmg to trnil th 
persons who might be so arrested an* 
detained. It was complained, howevei 
that redress had been refused to thos 
who had suffered under the act. N 
doubt, every nun who had been arrest 
ed under the Suspension Act woul* 
come to the bar and swear-MK), nc 
swear, but say— -that he had been moi 
cruelly and unjustly treated ; that h 
was the most mnocent and most inju 
red of mankind, and that hia merit 
only had pointed him out as an Ajti 
for persecution ; that he had beeo ei 
posed to the most cruel toitares» ao 

Digitized by 


Chap. 2*3 



te ail his calamities were to be attri- 
keed to Oliver, the spy. In the head 
ttd ffoot of this phalanx of petition- 
a% (and it was to be snppo^, that 
koaoorable members on the other side 
bd sot been so far wanting in parlia- 
■tatn| tactics as not to select the 
bat case to make the first impression) 
Aaod tiat renowned gentleman and in- 
R^stor of murder, Mr Francis Ward 
— f Hear, bc» !] True it was, that he 
bd now been abandoned, deserted in 
bi atBioet need, because the support- 
en of his petition found it convenient 
far their argument ; — not, however, 
before ho crimes had been detected 
sad lua character blasted ; then, and 
sot tin then, he was expelled from 
dHircofBponiy $ and, instead of calling. 
It the^had done, for the sympathy of 
te Hmise, for its compassion, for its 
tan crvcr the sufTeriogs of this admi- 
nhk mod amiable bein^, the other side 
d ro ppe d his name entirely, or merely 
iuisted diat the merits or demerits of 
ty8lAddite,diis hirer of assassins, this 
isitigator of murder and rebellion, had 
lochgw ti> do with the other petition- 
cts. After the failare of Ward, they 
htea^^ forward the revered and un- 
\aj^ OgdcB, and claimed compassion 
for' hia virtiiGiis age and silver hairs ; 
bety OB ioquiry, it proved that this 
pcfsoo had been cured at the public 
ttp e iKJC of a rupture upder which he 
bad kttg snared. This might be a 
very fit case to be brought before the 
Rtrnture Society, but to require upon 
it the decision of Parliaraent, was such 
s dtfiog aittempt upon its credulity, 
SB woald probably be never ag^ at* 
tenpied* These petitions^ when they 
ttbd. Here supported by a cart load, 
bB the tricks and impostures tried 
spna^ie Hoose became obvious to all 
ttaikiad eacept those who were, se- 
hrtcd to brag them forwards The 
SBStpeitit on which the opponents of 
had. rested, was the em- 

ployment of spies ; and here they had 
happily selected the case of one Dew- 
hurst, who. It was alleged, had been 
seen in a gig belonging to Sir J. Byng. 
Now, shortly after this statement, 
there came from Sir J. Byng, not a 
verbosa et grandis eplstola^ but a very 
pithy note ; stating, first, th^t there 
was no Euch man as Dewhurst ; se- 
condly, that he had no gig— -^^ear, 
hear !] The law maxim, referred to 
by the learned opener of the debate, 
was here quite in point, ** de no7i aj>- 
parentibus et fion ejcisteniibus eadem 
est ratio ;" unless it could be shewn, 
that the rule was different where, as in 
this instance, there w&re two nonenti- 
ties, the man and the gig : as two ne- 
gatives make a positive, so two nonen- 
tities might, in the understanding of 
some honourable gentleman, make an 
entity. A gentlemen of Naples once 
asked an English traveller, whether 
it was not practicable to travel from 
Sicily to England by land. *« Cer- 
tainly not," said the Englishman ; 
<« you know that you cannot go to 
England, even from Naples, without 
crossing the sea."—" That is very 
true," replied the Italian, " but Sicily 
is an island too I" — [[Continued laugh- 
ter.] After this failure of positive 
statements, recourse had been had to 
anonymous testimony. One respect- 
able gentlemaa had long ago beard 
Oliver announce his plan of exciting 
a general insurrection ; and another 
equally respectable had declared to an 
honourable. member, that he had seen 
Oliver exciting the populace to tumult 
on the day of the attempt on the 
Prince Regent* If this were true, 
why had these respectable gentlemen 
remained so long silent ? Why had 
they protected Oliver while he was a 
traitor, and given evidence against him 
only when he became an informer ? It 
was impossible, however, not to feel 
assured that these stories were recent 

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mreiitioaSi and no man but a dolt or 
an idiot conld believe a word of them. 
It had been asserted, that Oliver was 
sent down as the London delegate ; 
but in fact Mitchell was the delegate^ 
and merely took Oliver with him. AU 
the most violent speeches reported to 
have been made by Oliver, could be 
traced to MitcbeU* Mr Smithy the 
member for Harwich, had demanded 
that adl the private traoiactioDS of 
Oliver's life should be ripped up ; 
that a select committee should inquire, 
whether he had regularly paid his ui« 
lor^s biUf and of how manv chips and 
shavings he had cheated his master, 
the carpenter. But, though he did 
not consider the private character of 
Oliver as altogether irrelevant, it was 
well known, that information relative 
to plots against the state must, in nine 
cases out of ten, come through pollu- 
ted channels ; human means must be 
employed to maintain human institu- 
tions. A distinction had been at- 
temipted to be drawn between an in- 
former and a spy ; but it was a distinc- 
tion that would not bear examination. 
For what was the state of the case? 
Simply this, that if a man brought in- 
formation to government, it might be 
credited the Snt time ; then, it seem- 
ed, he was only an informer ; but if 
the informer, at the recommendatioo 
of government, should proceed to gain 
fresh information, the second fact 
would be good for nothing, because 
he would then be a spy ; twice an in- 
former was once a spy. He appealed 
to Mr ^ ilberforce, whether the theo- 
retical notions which he had entertain- 
ed upon this subject were reducible to 
practice. Among the many virtues 
which distinguished and adorned his 
character, his honourable friend had 
one Quality which might be considered 
a dmct ; he was apt to think every 
man as good and as nonest as himself: 
still, he was sure that his honourable 

friend had lived- hmg etNMigh to have 

fbund, by experience, that the world 

cannot be governed on any theoretical 

notions of purity. He must have feUf 

too, that as it was the sweetest reward 

of virtue to have a perlect coofideaci 

in all around it, so it was the greaieaf 

curse of crime, that it could not trua^ 

even its dearest associates t to taki 

away, therefore, from crime its pend 

terror of being betrayed byitstoti 

mates, and to communicate to it xhn 

best privilege of virtue, what was « 

but making virtue the prey of criaie \ 

Much had been said as ta the Mo« 

struck at the liberties of the ptopk bi 

the suspension of the Habeas CWpon 

Act. He was as mnch diq>oaed n 

any man to think that crisis of a&ur 

most lamentable, which required tvicl 

an extension of power. Nay, he wouli 

go farther ; he not only huaested tfa 

suspension as a misfortune, but h 

charged it as a crime : but upon whcN 

did he so charge it ? Not on the fire 

vemment, who had fairly come toi 

ward, and laid before Parliaaient th 

real stateof the country; notonParlia 

ment, who deliberately acted upon tl: 

report of a committee of the &rst n 

S|>ectability | not upon the people i 

England, as had been most «a|juat! 

insinuated, to whose steady loyalty tl 

utmost homage was paid; but «p< 

those designing and malignant wretc 

es, who attempted, out of the disCreaa 

of a day, to e£Rxt the desolatioa 

the work of ages | who looked upi 

the famished peasant and mined ar 

san, not as objects of comnaaaion, b 

as instruments of crime. Mr C. ric 

culed the visionary schemes of refoi 

supported by Sir Fsaocis Barde 

and expressed hia astonishment tli 

Mr Brougham, who laughed nt th< 

in his hie»rtt should yet, for the aai 

of popuburiay, every now and tb 

present a petition h>r reform* X 

best friends of the peopfe, whaitt th 

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told them of tlieir rights* told them of 
tkir dories also. He asked whether 
eterf man who heard him did not 
knoift that cither in his own immedi- 
ate oeifi;fabourhood) or in districts of 
i^ieh he had knowledge, a sedulous 
ad wicked activity had been employ- 
ed hi disseminating the doctrines of 
^scoDtent» and exasperating suffering 
iBto malignity ? He asked, whether 
fastred to government as government ; 
not merely to particular individnals« 
(s tax which those who fill ostensible 
itflatioDS in the state must make up 
thfir minds to bear as they may,) but 
to government by whomsoever admi- 
imtered; to eminence as eminence; 
to ranlL at rank, had not been in- 
dsstiiously toodcated ? Whether the 
Crown and its ministers had not been 
proscribed as the natural enemies of 
the pcoide ? and this House held up 
to peculiar hatred and horror, as the 
tyrants of the Commons, whom they 
were especially bound to protect ? He 
bdieved now that even the multitude 
were undeoeilred as to parliamentary 
reform, and that any hope of disoom« 
ikare to ministers upon this ground 
wodd be felt to be vain^ It was not 

perpetnted under its name, that an 
appeal had been made to Parliament. 
Instead of there being now a leanine 

r' St the people, the dangers which 
tened society were quite of a dif- 
ferent kindy against which it equally 
bdioved ParHmnent to guard. If, in 
the lumr of peril, the statute of Li- 
berty had been veiled for a moment, 
kt it be confessed, in jttstice,.that the 
han^ wfaoae painful duty it was to 
spread that ^Mnl, had not been the 
least prompt to remove it. If the 
paflamum of die constitution had, 
mr a mo nae nt , trembled in its shrine, 
Itt it be acknowledged that, through 
the v^^iknce and constancy of those 
whose duty it was to see that the fa- 

parliamentary reform, but 
the mischief attempted to be 

brie took no harm, the shrhie kself 
had been preserved from profsnatioui 
and the temple stood firm and unim* 

The first reading of the Indemnity 
BiU was carried br ^ majority of 190 
to 6^ ; the second by 89 to 34 ; and 
the carrying it into a committee hj 
tS8 to 65. The bill passed through 
the committee without aur amendment 
being movedfe Notices inaeed weie gi» 
ven of several, by Sir J. Newport and 
Sir W. Burroufirhs, but they were re- 
served to the third reading. At the 
third reading, which took place on the 
ISth of March, the Speaker stated, 
that the bill must be read before the 
amendments were proposed. After, 
therefore, Sir R. Heron had Ukcn 
the opportunity to utter a final male^ 
diction against the whole measure, the 
third reading was carried by M to 8S. 
Sir J. Newport then moved a chraset 
by which the indenratty was not to 
extend to the exercise of any unneces- 
sary cruelty or severity. The Attor- 
ney-General opposed it as superfioOttS* 
stadng, that no act of this kind would 
prevent any indiridual from obtaimng 
redress for acts of tmjust or unnecea^ 
sary rigour; and hoM Castlereagh 
thought such a clause would be even 
dangerous to the liberty of the subject* 
by giring a greater latitude in other 
respects to the construction of the 
bilL It embraced' only four points, the 
seizure of arms, of papers, the deten- 
tion of suspected persons^ and the ar- 
rest of those who attended tumultuous 
meetings. Sh- Sataiuel Romilly, how- 
ever, urged, «* Here were plain w6rds 
which every man could comprehend. 
This act said» that all actions brought 
for, or on account of any act, matter, 
or thing, should be discharged' and 
made void ; and that every person by 
whom any snoh act, matter, or thbi^, 
should have been done^ should be freed, 
acquitted, discharged, and indemnified. 
Now, they were told^ that this act did 

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not sieaD what it said. It was statedi 
that it went ovlj to all necessary acts* 
But if this was the intention of the 
gentlemen who framed it, why did they 
not say so ?" Mr Brougham then obser- 
▼edt *<when there was such a complete 
difference of opinion between hon. ai)d 
learned gentlemen, why leave the words 
in so vague s(nd undefined a form? How 
long had acts of Parhamcnt been so 
concise in their construction ? When 
had brevity become the style of the 
statutes ? Was it on the introduction 
of the present billj that the love of 
precision had seized the framers of it^' 
Sir J. Newport, however, finally with- 
drew his amendment* Sir W. Bur- 
roughs then brought forward a clause 
to prevent the bul from applying to 
acts done maliciously and without pro- 
bable cause. This clause he stated to 
be more comprehensive than the last, 
since it would reach not only jailors^ 
but magistrates and police-officers. 
The Attorney- General observed, that 
this must defeat the whole object of 
the bill, siDce, in order to disprove the 
chargre of malice, magistrates must 
bring forward the whole information 
on which they had acted, and every 
thing which it was the object of the 
bill to conceal— -Negatived. Several 
other amendments was then moved and 
negatived. Mr Brougham moved the 
introduction of the word ^* necessary,'' 
to qualify the acts over ^hich indem« 
nity was to be thrown. This amend- 
ment, in fact a revival of Sir J. New- 
port, was met by the same argument^, 
and being brought to the vote, was ne- 
gatived by 149 to 39. The bill then, 
after a vehement reprobation by Mr 
Brougham, Mr Tiemey, and Mr Peter 
Moore, was passed. 

1 n tlie course of these proceedings, 
two motions were also made and warm- 
ly supported, relative to the employ- 
ment of spies and informers ; the point 
on which the opppsition members 
considered therosdvet as having the 

strongeet and most popabr gronnd. 
The first, nuide on the lltU of Fe- 
bruary, by Mr Fazakerly, was found- 
ed on the admission of toe committee 
of secrecy, that some of the informers 
had used language or conduct tending 
to encourage those designs which they 
were intended to be the instruments of 
detecting. He proposed, therefore, 
that it should be referred to the com- 
mittee now sitting to inquire whether 
due punishment had been inflicted up- 
on these persons. This was followed 
up by Mr Bennet, with a long sute- 
ment of measures, said jto be taken by 
Oliver, with a view of exciting insur- 
rection. Oliver, he said, had been first 
introduced to a ^all society in Lon- 
don, by a person of the name of Pen- 
drill, and afterwards set out for Liver- 
pool with one Mitchell, to see PendriU 
before his departure from that place 
to America. After taking l^ave of 
PendrilU Oliver set out on a sort of 
tour through the country. He weot 
to Leeds, Manchester, Sheffield, and 
other places in that part of the coun- 
try, and thev had evidence that at all 
those places ne had called on the most 
respectable persons, whom he had sti- 
mulated to attend the meetings. He 
represented himself as a man who had 
been kmg actively employed in impor- 
tant transactions, as concerned in the 
business of 1792, as connected with 
Despard, as having facilitated the es- 
cape of Thistlewood and young Wat- 
son, and as having collected money for 
them. He stimulated them to enter 
into engagements to send 4iele^te8. 
To Wakefield he went first by himself 
-»-his companion had been arrested at 
Huddersfield. The hon. gentleman 
saidy he bad in hia possession a narra- 
tive, drawn up by two persons, of 
what had taken place there ; and he 
had opportunities of authenticating the 
most minute circumstances of this nar- 
rative. On the arrival of the delegate 
from Birmingham, he called on Ouver 

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ilMrmB, and foTind him in the par- 
W«looe. He expressed great grief 
tttbeirmt of MitcHelU and after de- 
fbini^Coraovne time tli« lots the cause 
vMid luatain tbrou^K it, he looked 
stlufwatchi tti»<i obserred that it was 
tiae to attend, tbe taieeting^* As they 
veitwilkMi^ to^irards the place ap- 
pointed, OUver said it was his firm 
cowicdon that •* their new plan of 
feuiiaaiDg woold Kave no effect on 
Oicir oppressors, and that nothing 
i^ of phfyncal force would do any 
gnod.'* The person to whom he said 
lUs; observed* ** I come here for no 
ndi purpose." OliTer afterwards ask/- 
lAtm person, <^ should there be- any 
■ece sak yy do you think all who «t« 
ttaded a oseetiag at Birmingham would 
be ready to fight fpr their liberties ?'» 
Tke Biniiiaghan& delegate was asto* 
'aft the question, and obsenred, 
a snbject on which he had ne- 
ealertaioed a thought, nor did he 
■r of any person in Birmingham 
wha bad any such ideas. Oliver then 
Med circry oneaBS to inflame the minds 
af the persons present, and to urge 
to insurrection. At Derby, he 
the same system at a meet- 
_ After some obserrations on Sir 
Fsaftcis Bordett's motion for reform, 
he apid, chat it was evident that pe« 
tittaaing pariiasseat was of no use. 
He svas then asked, if he considered 
icisMso to be ahogether impracticable. 
X»tlkis Oliver said, **- No, not in Lon- 
doa^ aa there were other means to be 
tcied I aad that in London they were 
^ — at. aettve than ever to obuin their 
vigbts.'' Oliver vns then asked, what 
■ay they aneant to proceed, and he 
iaid» ^ they meaot to try those means 
they had left^adtich was physical force ; 
Sad that they were omy waiting the 
im I mill I lion of their friends in the 
oaaacrjr/' He was told that the coun« 
tiy svosild not do any thing. « In 
tha/' said Oliver, ** you ate misti^ 
ba; half the cooatry is in m orga- 

TOL. XI. FART. !!• 

\ they 

1 aadi 

ntzed state^ particularly Birmingham, 
Sheffield, Leeds, and most of the ma^ 
nufacturing districts.'' 

The Solicitor-General and Mr Ba« 
thurst observed, that the report of 
the committee did not affix guilt to 
the persons alluded to, but merely 
apprehended the effect which might 
have been necessarily produced by their 
feigned concurrence with the designs of 
the disaffected. All that the report 
brought home to Oliver was an unin- 
tentional effect, not a deliberate and 
criminal design. The facts stated by 
Mr Bennet stood almost entirely on 
the authority of Mitchell, a person 
who had been arrested oA suspicion of 
high treason, and who, by his own state- 
ment, had gone down with Oliver^ with 
the design of agitating the country. 
Many of these statements were certain- 
ly erroneous. Mr Bathurst declared 
that no one had been arrested upon 
Oliver's information, which was only 
used as a clue to more correct intelli- 
gence. Oliver had never given any in- 
K>rmation against Brand reth, for this 
good reason, that he had no connexion 
with, nor ever even saw him. Bran- 
dreth's dying declaration on this sub- 
ject was utterly .unfounded, and had 
been put into his mouth by some de- 
signing individual. 

Mr Wilbcrforcc decidedly condemned 
the employment of spies. Certainly the 
employment of such engines was not al- 
lowable in a religious view. The God of 
truth abhorred falsehood, and all the 
waysof deceit. It wasequally repugnant 
to any notions of honour or morality, 
or to the feelings of a gentleman ; and 
on the mere ground ofpolitical expe- . 
diency, the objeclions to it were almost 
as strong. Though the employment 
of spies might, in some particular in- 
stances, be attended with short, and 
temporary advantages, and government 
might be able to detect some trea-< 
sons which would otherwise escape 
punishment) yet he thought those ad- 

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▼atitageft were mflch more than coun- 
ttrbalanced by the inconveniences that 
ensued. When he considered all the 
mistrust that such a system must oc- 
casion, eren to the disturbance of do- 
mestic peace and confidence $ when he 
considered the temptations to false in« 
formation of every description ; the 
misconstructions that might be put on 
the most innocent actions ; and the 
suspicions and disaffection that must 
be excited against the government it- 
self, he thought the general confusion 
that such a system would excite, must, 
in the long mn, impede much more 
than further the cause of good order. 
He was again;ft the motion, because 
it involved an inquiry that could not 
well bfe carried on in the committee, 
and for which the committee was not 
the proper place ; and he must say, 
that he, for one, would not take a seat 
in the committee to which such an in- 
quiry should be referred. The vote 
i>eing put, the motion was negatived 
by 111 to 52. 

The other inotion was founded up- 
on a petition from Manchester, pre- 
sented by Mr Philips, on the 9th of 
July. It stated, that the allegations 
against this city of treasonable designs 
and proceedings, was altogether un- 
founded and calumnious ; that the 
meetings, particularly that of the 
bianketeers, was held with the most 
loyal and peaceable intentions, when 
they were violently broke in upon by 
the soldiery, and numbers carried into 
crowded pri3on8,whence, however, they 
were dismissed, without any thing be- 
ing proved against them. All the 
symptoms and appearances of disor- 
der were stated to have proceeded en- 
tirely from spies and emissaries in the 
pay df government, Mr Philips, who 
presented the petition, followed it up 
with the following statements respect- 
ing the proceedings of spies at and 
around Manchester. The first person 
whose proceedings he would state to 

the House, was I^maz. A persou 
of the name of Acres, and his brotheri 
in-law, on their return from Stock- 
port, where they had gone to see some 
of the bianketeers on their road, wenl 
into a public-house (the Ark), and 
there found this m^n, Lomax, naran^ 
guing some people in a very violent 
manner, and propdsing to send dele- 
gates to different towns in the neigh< 
bourhood, in order to call secret meet^ 
ings. Acres repeatedly checked bit 
violence. On going away with hh 
brother, Lomax proposed to accom< 
pany them, and on arriving near hii 
own honse, he invited them in, saying 
he wished to have some conversatioi 
with them* After talkio? with then 
for a few minutes, he took a pen, and 
wrote these words, to which the ho* 
nourable member wished to call th< 
attention of the House, as they mighi 
probably be found in one of tlie greei 
bags. ** England expects every nriai 
to do his duty. Arise, Britons, an< 
free your brethren from prison. Gch 
save the King." Upon shewing what 
he had written to Acres* he recom< 
mended him to throw it into the fire 
This he refused, and said he woulc 
take it to Ogden to prhkt. He ven 
with it to Ogden's house* and destrec 
his son (Ogden himself having beet 
sent to prison) to print it, but lie re 
fused to have any thing to do with it 
This wretch (Lomax^ requested Irwii 
and George Barton (Acres' brothers to attend a meeting that nigh 
at eleven o'clock, which was to be belt 
troder the Aqueduct, to arrange a plai 
for setting the factories on fire. The^ 
expressed their horror of the scheme 
and threatened to inform against him 
if he ever mentioned such a thing again 
Lomax replied, << We are sure to b 
taken up, I am at least, and we ma^ 
as well have our revenge beforehand.' 
The two Bartons mentioned this th 
same day to Acres* who was confirm 
ed by it in his suspicion that Loma] 

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Chap. 2.J 



vM a tpf* At aaotker time he aaidt 
"< Maochester wiU 9oon be set qd fire, 
ud the factoriea will bla^ witbia two 
bours as a eigpal/' The people aup- 
peted that be was mad. This wretch 
was ooi contented with attempting 
haudf to lead people into the com* 
msioa of crimes, but he seat emissa- 
ries round the couiHry to do the saa&e 
tUng* Though rejected wherever he 
wtBty he still persisted in his proposals 
afrnMchief* The honourable member 
Tcmarked^ that it seemed to be the 
^aa of these spies to reconcile peo^ 
jde^a miods to mischief by repeating 
the prbpoaal of it. One object they 
did accoaapliahy namely* that of ma* 
king aome people believe that there 
wm a scheme in agitation to bura 
Um^ussXtr^ because so many persons 
bad heard of it. This circumstance 
bad been stated to the hoaourable 
member himself ^ as « proof of the ex- 
ifteace of the reported conspiracy. 
The honofurable member, after dis« 
wtmimg JLomax^ stated, that another 
rfdie apiea* who called himself Dew* 
bnt, having been seen in Sir John 
Bfjn^B ffiffs was challenged with the 
betf which he admitted, stating, that 
he had come with Sir John Byog as 
bb servant, from London^ where he 
had been desired by the reformers to 
act as their delegate. This man took 
every opportunity of becoming ac- 
qaaiated with those whom he heard 
were advocates for Parliamentary re- 
brm. Robert Waddington, an asso- 
ciate of Dewhurst, proceeded in the 
ooK manner. At a meeting where 
OK Redeings was present, he ur^ed 
tbe plan of burnmg factories^ of which 
Redeings expressed a just abhorrence. 
Waddiagton then said, << It is now 
tne I should tell ygu my information. 
I lare a letter from London this morn- 
ia^ and all the people in that neigh- 
boiDhood are up. There are 80,000 
K Cbalk-farm^ 100,000 at another 
fhce which he mentioned, and 60,000 

or 70,000 at a third." Reddngi said; 
he did not believe a word of it ; oa 
which Waddington declared, << there 
were many letters in town to the same 
effect'' The honourable member con* 
eluded by moving, that the petition 
should be brought up $ and announced 
his intention^ on some early day, of 
moving that it be referred to a com* 

On the 5th March Mr Phthps 
brought forward his motion, whiehi 
hpwever, aasumed a mose vagae and 
general character. Referring merely 
to the reports of the committees (x 
secrecy, and to the petitions ia gcne^ 
raU he proposed an inquiry into the 
allegations therein contained, respacU 
iog the conduct of spies and intorm^ 
ers. He acknowledged, indeed, the 
information received from Sir John 
Byng, that no spy or informer had 
ever been in any carriage of his ia 
Lancashirei that he had never had aay 
such character in hb service or em* 
ploy, nor ever had any commcmicationt 
either directly or indirectly, with per* 
sons of that description, up to the 
S8th of March^ the day on which tha 
individuals in Manchester, accused df 
traitorous designs, were arrested* He 
paid the most ample tribute to the 
honour^ as well as moderation and hu- 
manity, of Sir John Byng. At the 
same time, he conceived the facts ge- 
nerally known, and the belief enter- 
tained by the public, to be sufficient 
to authorize the inquiry now propo- 

Mr Robinson animadverted on the 
proceedings of the honourable mover, 
as one of the most extraordinary he 
had ever witnessed. The petition from 
Manchester had been brought forward 
with the^ greatest parade, and accom- 
panied with a number of minute state- 
ments, of which he declared himself 
ready to produce incontrovertible 
proof. He had now come forward 
with a motion entirely different from 

Digitized by 




thit which he had innoanced, and by 
which, indeed, he completely abao- 
doned the ground he had taken. There 
was indeed a good reason for this, in 
the total want of all means of proving- 
his former assertions. Only let the 
House recollect the elaborate speech 
of the honourable gentleman wlMcn he 
presented the petition,, and his long 
story about a man of the name of 
Dewhurst, who had been carried to 
General Byng in that officer's gig ; 
and about another ittan of t)ie name of 
Lomax, who, he said, was a hired spy. 
What had the honourable gentleman 
now to say to these stories ? So far as 
General Byng was concerned, he had 
now told the truth ^ all the rest was a 
fabrication. The whole of that story 
was false. Nay» more^ no man of the 
name of Dewhurst was known to Ge- 
neral Byng, or to government ; as t6 
Lomax, the honourable gentleman 
knew from General Byng^ that that 
man was no spy ; or if the honourable 
gentleman did not know it before, he 


conspirator, and not 

true, that on the 17th of March this 

knew it now. [Hear, hear ! from the 
Opposition.^ Whatever schemes Lo- 
max was concerned io— ^whatever atro- 
cities he contemplated— he did all as a 

I of Ma 
man wrote a letter to Lord Sidinouth, 
oflMng to communicate information. 
This Ktter was not answered. On, 
the 28th of March, Lomax was arrest- 
ed with several others, and, after being 
examined, was released ; and there 
ended the whole conomunicatioa be* 
tween Lomax and the magistrates, or 
the government. Others of the peti- 
tions had been proved to contain the 
grossest faisehoods, and id come from 
men convicted of perjury. As these 
petitions were to be the eroundwork 
of the proposed proceedrog, he con- 
ceived the House could have no hesi- 
tation in rejeotiag the motion* A 
warm debate, however, vras maintain- 
ed by Mr Douglas, Lord Milton, and 
Mr Bennet, on one side, and bj Mr 
Courtenay, Lord Lascelles, and Mr 
Bathurst, on the other. Mr Wilber- 
force said, that akhongh he condemn- 
ed armuch as ever the employ meirt of 
spies, the present motion vras so vague 
and indefinite, that he could not give 
it his support The House divided, 
when the motion was negatived by 
162 to 6a 

Digitized by 


CiAP. 5.;3 





I View qfthe Finanfnal State qf Great Brkaim^Navif Ettimaiei-^Army 
naUM. — Motion for the Reduction qfthe Army^ by Sir IVilUam Burroughs, 


Lord Altharpe, and*Earl Grosvenorr^Ordnance Estimates* — The Budg^^^^ 
fianfor creating a new Stock at 8| per cent^ — Proceedings qfthe Committee 
cfFinance^- — Motionjbr the Repeal of Irish Assessed Taxes.~^Lord AUhorpe's 
Motion Jhr the Repeal of the Vuty on Leather. — Committee on Salt Duties. 

Tbosb immense financial concerns 
to which Britain is involved,--4he 
nount^ unparalleled in any other age 
« country, of her revenue and ex- 
1KBditure»— and the heavy burdens 
withwhich she is pressed^ must al- 
vajs form a prominent subject of 
oasideration to the British Parlia- 
aeoL Even in the most eventful pe- 
riods, finance usually occupies at lesst 
(^second place among the objects 
•f its attention. It pressed at pre- 
iot as a heavy and difficult task up- 
«■ diose who held the reins of admi- 
Matitm. The war^ indeed, with its 
CBsraiotts expenditure^ and annual 
acoonnilation of debt* was happily 
•ver; had it continued, the invention 
^ DO minister could have devised 
aaay new diannels by which money 
<Mld be wrung from the exhausted 
Gauntry. Matters, however, had al- 
nady come to such a ^^dsis, as to 
aake it extresnely difficult to place 
<W finances on the footing on which- 
^ ought to be during f poiod of 

peace. iTwo objects were then to be 
fulfilled.— First, the income and ex* 
penditure must be placed on a levd ; 
for to continue contracting debt now 
would be ruinin^i^ ourselves without 
hope. But this is not enough : the 
immense debt already contracted, 
must be placed in some train of liqui- 
dation. These two objects were to 
be elfocted in the face of the public, 
which called aloud for some remis- 
sion of the taxes under which they 
hfid groaned. They had already 
wrested from ministers the whole o£ 
the income-tax ; and fresh motions to 
a similar effect were made every ses- 
sion, in which ministers were always 
on the brink of being outvoted, and 
which, if lost, were lost by smaller 
majorities than any other questions. 

The present aspect of financial af- 
fairs appeared at first view not a little 
portentous -and alarming. When it 
IS stated, that, on a comparison of in- 
come and expenditure, there appear- 
eda deficiency of fourteen millions, to 

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be supplied by a loan to that extent, 
some presages of final ruin could not 
fail to be excited. But it was to be 
taken into consideration, that there 
was a sinking fund of nearly the same 
amount, by which as much being paid 
as was borrowed, the nation was not 
deeper in debt at the end of the year 
than at the beginning. This fund 
was accumulated^ partly from the ori- 
ginal million set apart by Mr Pitt, 
partly from taxes regularly imposed 
to the amount of one per cent upon 
every loan, to be, with the interest, 
unalterably appropriated to the dis- 
charge of the sum borrowed. This 
system of borrowing with one liand, 
md paying with the other, has been 
the subject of derision to the econo« 
mists of the present day. For our- 
selves, we cannot help admiring the 
resolution of Mr Pitt, in keeping the 
atnktng fund as a thing sacred and se- 
parate, in good and evil, in war and 
peace* To have paid nothing, and 
borrowed less, would have been arith- 
pietically Uie same ; but it would not 
have been the same in its moral ef- 
fect, or, we suspect, in its practical 
residt. It had at. least the effect of 
raising a large portion of the war sup- 
plies within the year, and brought 
wiUi it all the advantages of that sys- 
tem. We question much i f the whole, 
which, from 1795 to 1818, has been 
paid off by the sinking-fund, would 
not, without it, have formed an addi- 
tion to the mass of debt, which would 
Iwye been in danger of crushing the 
natioD altogether. This fifteen miU 
lions of sinking fund was then a grand 
sheet-anchor to our finances, which, 
without them, would have been in a 
state truly deplorable. It is very 
Cruet that a nation, which has gather- 
ed over its head six hundred millions 
of debt, cannot be considered as in a 
satisfactory state, while no movements 
are made towards its diminution. On 
Ihis head, however, the nation has 

but too good a cause to plead. The 
straits and distress in which it has 
been involved, make it only astonish- 
ing that it should yield upwards of 
fidy millions a-year to defray the ex- 
pence of its establishments and the in- 
terest of its debt. It is absolutely out 
ofthe nation's power to do more. The 
discharge of the capital is, not desi- 
rably, but inevitably, deferred to a 
happier era, which, it is hoped, time 
may bring in its train. Tlie only fa- 
cility which peace has hitherto af- 
forded to this important object, coo- 
sists in the overflow of the natural 
capital, and consequent reduction of 
interest. There is not a very distant 
prospect that government may be 
able to lower the interest on that part 
of the national debt which pays nve, 
and even four, per cent : and as this 
operation would reduce the price at 
which the stock could be bought up, 
it would amount to a virtual reduc- 
tion of the capital of the debt. An 
attempt to put the funds in a suie to 
take advanta^ of this position of af- 
fairs, gave Tt»e to the leading fisan- 
cial measure of the present year. It 
consisted in the raising part of the 
three per cents to three and a half 
per cent, in consideration of a pro- 
portionate sum paid in by the horaers. 
Hopes are held out, that in cease- 
quence of certain arntngements, the 
holders of the higher stocks may be 
induced to allow them to be transfer- 
red into this state, when tliey must 
otherwise have gone into the four 
per cents. What grounds there may 
be for this expectation we cannot very 
positively ssy ; but there is one advan- 
tage which seems very likely to arise 
from the measure. Should poace 
continue, money lodged on the high 
security of the public funds will pro^ 
bably at last fall to three per cent, 
when the three and a half per cents 
may be reduced to that rate ; there^ 
by cutting off a setmith part of the 

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CaAP. S.] 



wbole amoant of the stoek. The de- 
tails of thk plan will be found in the 
Chancellor of the Exchequer's speech 
at the opening of the budget. 

On the 4tb Febroary, Sir George 
Waerender moved the navy estimates. 
He said> there was this year a small 
iocreaae in the supply for this branch 
of the public senrice. The commit- 
tee of finance had foreseen the possi- 
bffity of such an increase. The ad- 
was 1000 sailors and 1000 ma- 
The whole amount of men now 
1 20,000 sailors and marines. The 
• of this small increase was the 
jiecesBity of keeping up an establish- 
ment at St Helena, and the state of 
Sooth America. The rate of pay was 
somewhat higher in peace than war^ 
because the proportion of able sea- 
nea to landmen was greater in time 
of peace, io order that the fleet might 
be more speedily put on a good foot- 
ing, in ease of eraorgency. The 
charge of ordnance was somewhat in- 
crea^d. A ship which, in time of 
war, had a compliment of 4>80 jnen, 
in peace had but SOO, although tUe 
number of guos remained the same. 
The charge for ordnance was there- 
fore increased in the proportion of 
from fbor to seven shillings per man 
per month. He then moT^, I . '* That 
dOgOOO men be employed for the sea^- 
service for 13 months, from the 1st 
of January, 1818, including 6000 
royal marines* 2. That 61 1>000^. be 
granted for wages of the said iK),000 
aen, at the rate of 2L 7#. per man 
per montlK 8. That S20,QO0L be 
granted for victuals for the said 
90,000 men, at the rate of 2/. per man 
per mooUu 4. That 559,000^ be 
granted for the wear and tear of the 
shipe in which the said 20,000 men 
arp to serve, at the rate of 2/. St. per 
man per month. 5. That OlflOOl. 
he granted for ordnance for sea-ser- 
tke, on board the ships in which the 
<aid 20,000 men are to serve, at the 

rate of 7x. per man per month."— 
These motions were agreed to. 

On the 16th March, the House ha- 
vhig resolved itself into a committee of 
supply. Sir George Warrender, aller 
some previous observationsyremarked, 
'* Some observations had escapedgen- 
tlemen, which seemed to indicate an 
opinion, that that important branch 
of British power, the navy, had been 
neglected by the government—* 
Though this had appeared to be the 
opinion of some honourable mem- 
bers, from what had incidentally 
escaped them when other matterswere 
in debate, he could not belieye that 
such an idea was seriously entertain- 
ed. The navy was felt by govern- 
ment to be the bulwark of the nation 
—the great source of its glory— «nd 
every thing had been attended to that 
promised to give it strength and effi- 
ciency.—rPensions had been given of 
late years, not merely to disabled sea- 
men, but to thosa who might one day 
be called upon to serve their country 
again. There were at present no less 
than 85,000 pensioners belonging to- 
Greenwich Hospital* a great number 
of whom were able to serve a^n if 
there should be found occasion to 
call upon them. The arrangementa 
which had been made were such, that 
an expedition could now be fitted out 
sooner than at any former period. 
He might be allowed to remuid the 
House how rapidly, in one recent in- 
stance, an expedition had been got 
ready for sea. The expedition with 
which it was prepared was as unex- 
ampled as was Its efficiency when 
complete. To this the distinguished 
officer who commanded it (Lmrd Ex- 
mouth) had borne his testimony, and 
the brilliant manner m which the ser- 
vice on which it was sent had been 
accomplished, was well calculated to 
remove every doubt. Looking at 
these things — at what was done for 
~ wliat had bo lately been done 

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bjTthe navy^ it must be seen that the 
fear that the navy had not been pro- 
perly attended to — had not been kept 
in a proper state of efficiency^ was 
vatD. A state of peace did not afford 
those opportunities for brilliant en- 
terprize and daring achievement 
which necessarily grew out of a state 
of war; but there were undertakings^ 
even in times of peace» in which the 
courage^ skill, and persevering spirit 
of enterprize which distinguished the 
-British sailor, might be most usefully 
displaced. ^ An expedition^ the object 
of which was very important to the 
world, was now about to leave our 
sliores. It had ever been the boast 
of this country, that in war it defend- 
ed the weak against the strong ; and 
in peace it Had always been foremost 
to make those arduous exertions to 
extend the limits of geographical 
knowledge which her great naval 
means afforded her peculiar opportu- 
nities of attempting with success. At 
present, in various parts of the world, 
active and intelligent officers were 
making surveys of coasts hitherto un- 
explored, or but very imperfectly 
known. The expedition now abouf 
to be dispatched to the arctic re» 
gions, would attempt to solve a pro- 
blem most interesting to maritime 
•ctence. To services of this sort, he 
trusted British sailors would long be 
directed: but, if circumstances should 
again plunge us in a war, that power- 
fui arm of defence, our navy, would 
again be put forth with a degree of 
strength and rapidity that had never 
been equalled in the history of the 
country." The honourable baronet 
concluded with moving, '< That a sum 
oot exceeding 2,480,680/. I7s. 3d. be 
mnted to his Majesty, for defraying 
Uw ordinary establisliment ,of the na- 
vy for the year 1818." 

Sir M. W. Ridley, f<dlowing up his 
motion of last year, moved the sup- 
pr«iuon of two Lords of the Admi^ 

ralty, and the oonsequeMt saving of 
2000/. a-year. This gave, rise to a 
vote, in which the origrnal motion 
was carried, by 85 against 58. 

When the report of the committee 
was brought up on the 17th March^ 
Mr FfPrbM raised some discussion re- 
lative to hardships alleged to be sus.. 
tained by officers of the navy. Wheis 
they received pensions for wounds^ 
those pensions were not granted on 
the same footing as to wounded offi- 
cers of the army. He had lately $een 
many instances of officers of the navy 
receiving for the same wounds con- 
siderably less than officers of corre« 
spondent rank in the army. A post- 
captain in the navy, who ranked with 
a colonel in the army, received onhr 
250^ while the other received SOOi. 
a-year. He wished also to allude t6 
the case of pursers* clerks, some of 
whom, after eleven years* service, had 
been turned adrift without a sixpence. 
The whole of the persons in this si- 
tuation amounted to thirty. He com- 
plained also of the alteration which 
had been adopted in the case «if pur- 
sers. All the ships had been taken 
from them, and they had been put on 
a very inadequate halfwpay. 

Mr Croker, in reply, insisted, that 
there was no room for any alteration 
in the treatment of the two services. 
It was true, a lieutenant-colonel had 
6d, a-day more half-pay than a youn^ 
post-captain of the same rank. But 
then the post-captains went on rising 
without interruption till they were 
equal to AiU colonels, whereas a lieu- 
tenant-colonel remained where he 
was. For instance, in 1814, there 
were 200 post-captains who ranked 
as lieutenant-colonels. At that time 
there were also 1100 lieutenant-co* 
lonels. There was not one of these 
post-captains who had not risen to % 
rank equal to that of full colonel ; 
whereas there was not one of the 1 lOO 
lieutenant*€olonels, who waa not aiiU 

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liootenist-cotond. • The holUMirable 
gfoUeonn complained that all the 
shipa had been taken from the pur« 
wiB. But how many of them could 
haveahtpa? Not above 400. There 
were 900 in all ; and so to give tfbips 
to 400 of them^ he would reducathe 
other 500 to actual starvation, l^ur- 
Kr* were brought up generall j to the 
pen and mbliney and, in port^ not one 
of them would li?e on board their re- 
speetive vessels; so that the paj, 
vbich was only about 70/. a-year, if 
they did Bot remain on board, would 
really be leas than the present half* 
psyaUowaace. Not one of them would 
make the exchange. 

Mr Money having strongly urged 
the ciaias which the distinguished ser« 
vices of the navy gave chem to the 
gradtade of their country, Mr Hus- 
kinoB observed, that those gallant 
deeds were not heard of for the first 
tiaie, Bor could the House and coun- 
try be charged as unmindful of duly 
levardiog toero. The officers of the 
ittvy pessessed extensive opportuni- 
ties of prise money, which rarely oc- 
OBvad IB the other service. On the 
late triumph at Algiers, to which the 
henoorable gentleman had alluded, 
the sam of 100,000^ had been disui- 
bated among those who had been en- 
gaged in thBt service, besides the ho- 
Doors and distinctions conferred upon 
these who had signalized themselves 
by ^eir conduct and valour. It had 
been sud, that the late war had been 
barrcB in prizes; but he believed he 
was warranted ip saying, tliat no war 
in the annals of this country had been 
■Mre productive. The capture of 
Baada alone had afbrded to many 
theopportanity of acquiring themeans 
ef independence, coinfort,and wealth. 
Whatever di&rence there was in the 
reaaaneration for wounds was in &- 
vaur of the navy. There, pensions 
wete ghien for wounds which were 
net aquifrieat to loss of Uiab ; while 

in the army, unless the wounds re« 
ceived were fully equal to loss of limb, 
it generally happened that no pen- 
sions whatever were given. It oflen 
happened in the navy, that a man re- 
ceived 250/. for wounds, for which in 
the army nothing would have been 
given. After a little farther conver- 
sation, the resolutions were agreed to; 
The array estimates excited consi- 
derably greater discussion. They 
were brought before the House on the 
2d March, by Lord Palmerston, who 
refi^rred to the following statement in 
the report of the finance comuiittee, 
as givmg the details of the estimated 
expence in 1818. 

Land Forces (ezclutrvt of 

France and India) JLS,377,S74 10 8 

Staff do. 150,569 14 5 

PublicDepartroentt • . 146,546 11 5 

Medicines, 3cc 37,711 10 10 

Volunteer Corps . • . 123,541 9 t 
Recruiting troops, and 

companiet^f r^ments 

in India 21,275 11 4 

Royal Military College . 25,514 16 9 

Pay of general officers . 176,995 12 9 

Ganisoos 33,39S 19 5 

Full pay of retired officers 132,809 9 9 
Half pay and miliury aU 

lowances 682,763 15 10 

Toreign half pay . . . 136,385 O 
Chelsea and Kihnainham 

HospttaU • . . . . I,lllvl54 9 7 

Royal Military Asylum . 32,851 O 3 

Widows' pensions . . . 98,874 11 2 
Compassionate list, boun- 

ty warrants, and pcn- 

tions for wounds . 161,806 3 7 
Reduced adjutants of lo- 
cal militia .... 20,805 O O 
Superannuation allowances 34,372 2 10 
Exchequer fees .... 35,000 O O 
Corps to be reduced . . 54,600 O O 

. L.6,494,290 10 4 

The redaction in the expense of the 
army, comparing the present with the 
last year, would, he was happy to say» 
amount to 188,072/. 19#. Sd. while the 
total reduction of charge in all the 
dqwrtments connected with our mi- 

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litary establitlraient was no lees Chan 
418,000/. Upon the score of nuni- 
bersy the dimimition of the amiy in 
' the present year, compared with the 
last, would at home amount to 1995 
effective men ; while throughout the 
empire» indodiog that in France^ it 
would exceed 20,000» so that he 
would take the total reduction in round 
numbers at 2^,000 men. In point of 
fiicty however, it was right to state that 
the reduction of our force in Ireland 
was not so great as it appeared ; (br 
as it was impossible to equalise the 
effective force of regiments with no- 
minal strength, the force m that coun- 
try within the last year did not amount 
to the number actually voted. The 
amount of the land forces for the 
present year was stated at 25,000 
for England, Guemisey, ^nd Jersey ; 
20,000 for Ireland ; 33,000 for our 
old and new colonies ; 17,360 for the 
territories of the East India Company* 
exclusive of recruiting troops and 
companies; and 20,l!i26 for our con* 
tingent in France. Without going 
through any very minute details, the 
land forces might be stated at a re- 
duction of 74<,(XX)/* There was a sa- 
ving of 16,557/. in the public depart- 
ments. There was an increase of 
11,265/* in the article of medicines, 
and of 101,624/. in those of Chelsea 
and Kilmainham hospitals ; but these 
arose from accidental and temporary 
causes. A reduction might be ex- 
pected in the amount of pensions, 
casualties, &c. which for the last four 
years had been on an average up- 
wardsof 180,000/. annually. The no- 
bleLord concluded by moving, ^^That 
a number of land forces, not exceed- 
ing 11 3,640 men (including the forces 
stationed in' France) and also 4200 
proposed to be disbanded in 1818, 
but exclusive of the men belonging 
to the regiments now employed in the 
territorial possessions of the East ln« 
*dia Company, or ordered from thence 

to Great Britain, domnusskHied and 
non-commissioned offioera included, 
be maintained for the service of the 
Um'ted Kingdom of Great Britain and 
Ireland, from 25th December 1817 to 
24t!i December 1818.'' 

Mr Calcrafl ex preayd his coovic- 
timtk that a greater diastnulion than 
that now alatedl, wsight ndvantageeas- 
ly take place. He coufd not, tcr m- 
stance, aee the necessity of 25,956 
men for the peace establisliaseDt of 
Great Britain, and 20^058 for that of 
Ireland. Was there any thing in the 
internal condition of England, which 
called for a larger peace establish- 
ment than we had in 1792, and that, 
whicli amounted only to 15,000 men, 
wa? the largest peace establishment 
this country had ever previously 
known ? He would also take leave to 
ioquire of the Secretary of the Irish 
government, what were the circum- 
stances which called lor 20X)00 men 
in Ireland, which was, in ^act, little 
less than double ihe usual peace es* 
tablishmeat in that country ; lor, from 
his own knowledge, Ireland, althou^ 
by no means in a sts^e of prosperityr 
was thoroughly tranquil. He did not 
mean to press the subject at present, 
en account of the thin attendance ; 
but when the report was brought op, 
he was determined to move lor a re- 
duction to the extent of 8 or 9000 
men* Lard Palmerston in explana- 
tion observed, that the 26,000 men, 
taken in the estimates, could not be 
considered as wholly applicable to the 
home service ; a pordon must be ap- 
plied to the relief* of the foreign gar* 
risons. These garrisons consisted of 
a force of 53,000 men. Nobody would 
pretend to say, that the regimenti 
tlius stationed should be exposed to 
perpetual banishment. It would be 
neither humane nor constitutional. 
Some period must, therefore, be as- 
signed for the return home of these 
regiments. Ten years were consider- 

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•d te Imilof garrUon serviee iivoad. 
}^aw9 aUoiring that tlie reliefs would 
flDOunt ia one-tenth of the force hi 
fbreigii fganimas^ that anouiit would 
bke affray firom the ^000 men 800a» 
fiN'rdiefttobeseiitottt. S^othatwtth 
tfaeae relie£% and the defalcations ari- 
Mg from the non-eftetivet^ the army 
ftrhoBui service would not amount to 
aore ^an between 18 and 19>000. 
Mr Peel abo rensarked, that after the 
iiBanittiity that had marked the great- 
er ettiniate two years ago^ when the 
ftroe admitted to be necessary was 
taken at 259OOO men^ he confessed 
dsat he did expect the redaction to 
flQ^<)00 and its causes would have been 
teeeiTed with unmixed satis&ction. 
It vaa impossible for any man to de- 
ttOBStrate with mathematical accu^ 
ncj the amount of force which the 
iatemai tranquillity of a country, si-, 
inated as Ir^and was* would require. 
The honourable gentleman consider- 
ed that half the force, viz. 10,000 
Men, would be sufficient* Now, as for 
back as 1767> under Lord Towns- 
hold's administration, it was resolved 
that the ibrce for Ireland should be 
15,000, 12,000 to be always detained 
IB the country, and SOOO for general 
service. After some farther eohver- 
sation, the estimates were agreed to. 
On the Sd March» when the report 
of the eommittee was brought up» 
Sir Wv JBtirroughs rose and moved a 
reduction of 10,000 men. He insist- 
ed that there was nothing in the ctr- 
canstances now, as compared with 
what they were in 1792, which gave 
the least ground for such an augmen- 
tscioB. At that period the French 
Se^Qtlon was in its vigour, while its 
poison was spreading throughout the 
world. That poison was perhaps no 
where more wiklely diffused than in 
thk country, through the medium of 
the Jacobm Clubs. Insurrections had. 
Meed, actually taken place, and Ire- 
land was on the eve of rebellion. 

Fimnce was also In a state of extraor- 
dinary strength, and obviously prepa- 
ring to make war upon this country. 
But what wm the contrast at present ? 
The Revolution extinguished — Great 
Britain and Ireland in a state of traii- 
quilltty— -And France not only indis- 
posed and unable to make war upon 
us, but depending for the preserva- 
tion of its peace upon an army of 
82)000 Englishmen, under the com- 
mand of the celebrated Weliingtoiu 
Was not this contrast, then, an addi- 
tional reason for a reduced establish- 
ment at home, in this the third year 
of peacoy and without the remotest 
probability of the disturbmice of thitf 
peace, especially by any foreign power? 
Now, the whole of our force in Great 
Britain, in 1792, was only 15,00^ 
and in Ireland only 12,030. Thus 
the total force for Great Britain was 
only 27,000, in 1792, while for the 
present year it amounted to no less 
than 57»270 ;— -thus creating an ex- 
cess of 29,526, or forming more than 
double our peace establishment m 
1792. But, in addition to this ex- 
cess, we had at present a yeonranfy 
force of 23,809 for Orreat Britain, ank 
41,000 for Ireland. Thus we had ia 
the aggregate an excess of force, at 
present, beyond that^f 1 792, amount- 
ing to no less than 94<,S35 men. What, 
he would ask, could be the reason for 
such an enormous excess ? 

These arguments were seconded by 
Mr Calcraft and Mr Brougham, who 
asked what was there in thestateof the 
country so different from what it was 
in 1792, as to justify the necessity 
of augmenting the army in this de« 
^e ? Was the year 1792 more par- 
ticularly tranquil than the other years 
which had succeeded it ? Qe would 
maintain, that if ever there was a pe- 
riod in which the constitution of this 
country was exposed to danger, it 
wtiB in the year 1792. France was 
then threatening to sow discord and 

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sediuon in the country , and ffveftt ap- 
prehensionfi were entertained for our 
external and internal wel^e. But 
the terrors which the French Revolu- 
tion had excited were now passed. — 
That Revolution^ indeed, Lad long 
fallen into disrepute among the na*- 
tions of Europe; and the danger 
which it was said to have inspired, 
was now on the other side. The dan- 
^cr which now existed was not a dan-' 
gtt to be apprehended from the peo^ 
pie, — it was a danger that arose out 
of the doctrine of legitimate govcm- 
inent|S, to be maintained and sijpport- 
ed by military force,-— ijt was a dan- 
ger that the governments would go 
too far in trampling on the rights and 
libertijes of their subjects. 

Lord Castlereagh replied, that if 
he had not sooner taken part in the 
debatie, it was not from any want of 
being impressed with its importance^ 
but ^cause he heard nothing urged 
which could be qpnsidered as an ar- 
gument ; and considered the thin at- 
tendance as a proof that the mind of 
the House visa made up on the sub- 
ject. With respect to the establish- 
ment of 1792, ne begged the House 
to recollect that Mr Pitt, in that year, 
when he proposed the estimates, sta- 
ted, that he had framed them on the 
prospect of a long period of profound 
peace. In this it unhappily proved 
that Mr Filt was mistaken, ibr the 
war broke out the very next year; 
and the consequence of the lowness 
of the establishment in the year 1792 
was> that this country suffered very 
mudi from an extreme degree of mi- 
litary feebleness during the first years 
of the war. The honourable and 
learned Baronet thought that we 
could dp at present with a force of 
10,000 men less than that in the es- 
timates ; but then he forgot to state 
the particular quarter in which the 
reduction was to be made. Was it 
seriously said, that any reduction 
Gould be made in the 26,000 men to 

be kept up for tbe hcoMNMnrice ? In 
which part of the homeHestablish- 
ment would the honourable and learn- 
ed Baronet make his leductiim? Not 
less than 11,000 men were required 
for the service of the metropolu and 
the dock-yards; and oould 1^000 be 
thought sufficient for that of all Eng- 
land? He assured the House, that 
ministers int^ided to make every pos- 
sible reduction which would not be 
inconsistent with the interesU and 
safety of die country. 

The question being put, the ori^- 
nal estimate was called by a majo- 
rity of 51 to 21. 

On the 6th March, at the bringing 
up of the report on the Mutiny-hill, 
L(Hrd Althorpe m^de a motion §ix xfi^ 
Cueing 5000 men on the army«gcant 
He str<mgly urged the distreased state 
of the qountry, and the vast amount 
of debt and taxation. Since the no^ 
ble Lord had objected to the period 
of 1 792, he yrpuld allow him to chuse 
any year between the American war 
and tbe war with France. As this 
was the third year^^r peace» be 
would take the third ^ear after the 
American war» that is, 17S6» In 
1786, dieestima^ for England had 
been J7,63g men, and for the colo- 
pies 9546. There were some Irish 
regiments employed, amounUng to 
2000 men ; the whole of the estimate 
amounting to 1^9,780. But now the 
estimate for the old colonies \ was 
. 24,000 men ; and the whole of th^ es- 
timate, with the exclusions he |iad 
made, amountefl to 53,730- The 
whole difference would be, taking it 
as he had stated, upwards of/^i,000 
men. The noble Lord had account- 
ed for part of the difference from 
the alteration of the mode of relief. 
He had set apart upwards o£ 6000 
men for the purpose of relief. Such 
a number could not have been re<|tti- 
red upon his principle of excluding 
the new possessions, and therefore he 
would take that part at 2000 men.— 

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Calf. S.3 



Thst accounted, then^ for an increase 
of 4000 men since the American war. 
There Tenmined still, however, up- 
wards of 20,000 men unaccounted 
for. The reason why he had an in- 
tention of moring so small a reduc- 
tion was, that one of 10,000 men 
Wd been latelj reftised by so large a 
majority of the House, that he had 
no hope of carrying one at all ap- 
proadiing that number. Indeed he 
Blight say, he had no hope of carry- 
ing his present motion ; but certain- 
ly there was more hope of that than 
of one ibr the reduction of a greater 
Bomber. In point of economy, the 
RdQcdon of 5000 men, which he 
ibookt propose, would certainly be a 
saving to the country of 180>000/. 
That was a sum of considerable im- 
portance at the present moment. We 
had 100 battalions, which, in ]786i 
conasted of only 400 men each, but 
at present of 800. He should pro- 
pose to take 50 men from each of 
those battalions^ the stren^^ of which 
would not be materially unpaired by 
being reduced to 750 men. 

Lord Palmerston, in Turner illus- 
tiation of his former arguments, ob- 
lerved, that the number of 26,000 
Bteoy proposed for the home-service; 
was reduced, by the number necessa- 
iT lor foreign reliefs, to 21 ,000. But 
this was not the'' only reduction ; for 
it was to be recollected, that, in lieu 
of the men sent out, there were fre- 
qnently only the skeletons of regi- 
BMnts retunied home, from whidb, 
on examniation, it was afterwards 
found necessary to discharge a great 
immber of men as unfit for further 
service. The amount of this mi^t 
be fairly stated at 2000, which, with 
the 1000 men for Guernsey and Jer^ 
ley, would reduce the whole number 
from 26,000 to 18,000 men. This 
DBBiiber could not be thought unrea- 
•onable for the protection of the 
country, when it was considered, that 

a considerable number of them must 
be rendered ineffectual by sickness 
and other causes, — ^that a great num- 
ber werfe necessary for the protection 
of the metropolis, and for the dock- 
yards and other places. With respect 
to the force proposed for Ireland, it 
was not insisted that that was too 
great ; and he should therefore make 
no observation upon it. As to the 
colonies, he did not think that the 
force there ought to be diminished, 
when the changes which had taken 
place in many of them were consider- 
ed. In Canada, for instance, from the 
great extent of it, and its proximity 
to a state which might at a time of 
war invade it with such facility, 
it was necessary that a respectable 
force should be kept up. In the 
West Indies, the force was very little 
greater than what it was in 1792. In 
Jamaica and the Bahamas, the force 
in 1792 was 2200, and at present it 
did not exceed 3000. In the Lee- 
ward Islands there were 3200 in 
1792, and at present there were only 
3400. No argument had been ad- 
vanced to shew that a reduction was 
niecessary ; fbr it was npt fair to take 
the establishment of 17d2 as a crite- 
rion by whidi to judge of the necer- 
sity of the establishment of the pre- 
sent year. The circumstances of this 
country, and the changes which had 
taken place in almost every other 
country in Europe* were the only 
things which should be considered. 

Aner some observations from Mr 
Ord, Lord Nugent, and Mr Warre, 
the House divided, ^hen Lord Al- 
thorpe's motion was lost, onl^, how- 
ever, by a majority of 63 against 4^. 

When the bill was carried to the 
Lords, Earl Grosvenor moved a re- 
duction on a still greater scale, propo- 
sing that the number 100,000 should 
be substituted for 119,600. . He in- 
sisted that the former number was 
sufficient for every needful purpose ; 

Digitized by 




and dwelt much on the danger to our 
liberties from a large standing army 
in time of peace. 

Earl Bathurst endeavoured to dieWf 
that these fears were wholly chime- 
rical. The whole number of troops 
allotted for North Britain was 2500. 
Did the noble Earl think the Scotch 
«o destitute of spirit and courage, 
that this force was sufficient to im^ 
pose chains on them ? If their Lord- 
ships also deducted the number of 
troops necessary for protecting the 
dock-yards, and guarding the coast, 
a very small proportion would remain 
available for other purposes* It was 
necessary to guard the coast to the 
land's^end, to check a sort of firee 
trade which found many supporters 
in the country; and, in fact, when 
those troops, and those employed in 
the dock^yardf, were deducted, there 
remained not quite 4000 men appli* 
cable to the enslaving of the popu- 
lation of the metropobs, and twenty-^ 
^ve miles round it. 

E^l Grosvenor replied, but did 
not attempt to press a division. 

The same discussion was not ex-^ 
cited relative to the ordnance esti-^ 
mates, moved on the 10th April by 
Mr R. Ward. A variety of reguU-^ 
tions and retrenchments had token 
place within the last year in the de- 
partment of the master-general, and 
there was only a single addition in 
one particular branclu The general 
outline of the establishment for the 
current year, as compared with the 
peace establishment of 1788, present- 
ed only an augmentation of 47,000^. 
which, considering the extended na- 
ture of the present service, was an 
extremely small addition, and at once 
shewed the pains that had been taken 
to make every possible reduction. He 
would reserve any explanations that 
might be necessary till they should 
be calledr for, as the estimates were 
read. He concluded by moving. 

<' That a sum noi exceeding 596,469^ 
If. 8^. be granted to his M^es^, in 
full, for the charge of the office of 
ordnance for land service in Great 
Britain for the year 1818." The on- 
ly discussion raised on this subject 
was by Mr Bennet, respecting the 
officers of the corps of artillery dri* 
vers, of whom some were reduced to 
half-pay, without any chance of ev» 
being recalled to service, while othera 
had full pav* Mr Ward replied, that 
this corps had increased during the 
yrarto 7000 men, divided into twdve 
companies, eight of which had been 
reduced on the return of peace. This 
was not from any fault of theirs $ 
they merely shared the fate of the 
rest of the army, and experienced 
what from the first they had been 
taught to expect In consequence of 
a subsequent arrangement, some offi- 
cers of the remaining four corps 
were also reduced, and these were 
put upon full pay in consequence of 
an express agreement which iiad been 
made to that effect. When the re- 
port, however, was brought up on 
the 18th, Mr Bennet and Lord 
Cochrane again expressed their dissa* 
tisfaction at this inequality; and Lord 
Carhampton at the great and increas- 
ing expence of this (Apartment, whi^ 
he insisted might be reduced, one- 
half for England, and two-thirds £or 
Ireland* Mr Ward declared, that if 
the noble Lord would suggest any 
practicable retrenchment, he would 
cladly listen to it, but he was not 
himself aware of any. The resolu- 
tions were then asreed to* 

These detached estimates having 
been thus arranged, the Chancel- 
lor of the Exchequer, on the 20th 
April, brought forward the Budget, 
or genial estimate for the year, of 
the expenditure, with the means 
by which it was to be provided for. 
He at the same time kid open his 
plans for the reduction of the unfund- 

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Chap. S.] 



ed debt, and for forming the S per 
cent stocks into a new stock to bear 
interest at S^ per cent. On the first 
of these subjects he stated, that the 
Hoose had already voted the navv 
ertifloatesy the army estimates (with 
Ae exception of the barracks, the 
aHnmissariat,and the extraordinaries) 
and the c»-dnance estimates; and a 
considerable progress had been made 
in the miscellaneous estimates^ al- 
though some items still remained to 
be granted, fiy referring to the voteg» 
the conunittee would find the sums 
that had already been granted. The 
sum intended for the army extraor- 
dinaries was 1,400,000^.; theparti- 
cnlars of which would on a future 
day be snbmitted to the committee. 
The votes which had already passed 
Cbr the army^ added to this sum which 
it was proposed to vote for the extra* 
ordinaries, would make a total for 
ti^ army in the present year (exdu- 
a?dy (>f the troops in France) of 
8^0^0001. Last year the vote for 
the azmy had been gM^SlSl. In 
both cases were included the expen- 
ses of the disembodied militia, which 
had not been voted last year until a 
bte period of the session, but in thb 
had been added to the general vote 
for army services in the committee.— 
The sum voted for the navy last year 
was 1,596,0221 In the present year 
it was 6,^6ySO0L The expence of 
ordnance in the present year^ inclu- 
ding the naval ordnance, winch had 
formerly been voted under the head 
of navy, but which he thought best 
to refer to the general head of ord- 
nance, was 1,245,600^ Last year 
it was 1,270,690/. The miscella*. 
aeous estimates in the present year 
were 1,720,000^.; in which, however, 
he of course did not include the 
iom of 1,000,000^ granted for builds 
ing of new dhurdies and diapels. He 
M thought it best not to include 
diat sum in tbe accounts of the year, 
ai exchequer bills were to be issued 

for the specific purnose of providing 
for it. In the miscellaneous estimates, 
however, was included the vote of 
100,000/. for the augmentation of 
small livings. Last year the miscellane* 
ousestimates amounted to l,795>000i!» 
—The total of the supply, therefore, 
under the various heads which he had 
enumerated, was 18,392,400^ Last 
year it had been 20,074,991/. To 
this sum of 18,592,400/. were to be 
added 2,000,000/. for the interest 
of exchequer bills, and a sinking 
fund on them of 560,000/. ; making 
the grand total of supply 20,952,400/. 
That for the hist year was22.S04,091^ 
— He thought it very probable that 
in consequence of the arrangement 
that had been made for fumiin^ a 
large. proportion of the outstandmg 
exchequer bills, there might be a aa* 
ving upon the interest ; but it most 
be recollected that, wheUicr l^ttt 
should ttun out so or not, provision 
had already been made for them. la 
addition, however, to the regular 8er« 
vices which he had mentioned, there 
were some few items of expenditure^ 
already voted by Parliament, that re« 
mained to be provided for. The first 
was the grant of 725,681/. 12s, Sd, 
for fortifications in the Netherlanda^ 
in pursuance of the treaty d 1815 ; 
but it was not intended to propose 
any addition to the burthens of the 
country on that account, as the ex* 
pence was to be defrayed out of the 
French contributions in the hands of 
the commissioners. The second item 
was the sum of 400,000/», which had 
been voted for carrving into execu- 
tion the treaty with ^min for die 
abolition of the slave trade. Another 
extraordinary item was 259,686/. to 
supply the deficiency of the ways and 
means of last year— not arising out 
of any failure of the ways and means 
themselves, but from the circumstance 
of die vote for the charge of disem- 
bodied militia, to the amount of 
300^000/., which took place last ses- 

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•ion after the other supplies had been 
voted, and the ways and means pro-> 
Tided. These two extraordinary pay- 
ments which were this year to be 
provided for, amounted to 659,6861., 
whidi» added to the regular supplies 
for the service of the year^ made 
21,011,000^. — He should now briefly 
state the manner in which he propo* 
sed to provide for this sunu In the 
first place there was the vote of 
8,000,000/. on the annual taxes, which 
it was unnecessary to explahi, as the 
same vote was proposed yearly. The 
next sum was 8,500,000/. on those 
excise duties which by law were con- 
tinued till 1821. Ft would be found* 
by reference to the accounts, that in 
the year ending the 5th of April, 1818, 
those duties produced only 3,1 84,950/. 
But from the state of progressive im- 
provement in which they now were, 
there was a fair prospect that within 
the year 1818 tney would produce 
three million^ and a half. The next 
item was the usual sum of 250,000/. 
by way of lottery. The sale of old 
naval stores, it was estimated, would 
produce a similar sum. The next 
item arose from some considerable 
arrears to be received on the proper- 
ty-tax. In the last year 1,522,64j8/, 
had been received from that source. 
Still 350,000/. remained to be collect- 
ed, of which it was calculated that 
a1)out 250,000/. would probably be 
received in the present year. There 
was also a sum of 21,448/., arising 
from the profits resulting from the 
loan of 1,000,000/. of exchequer bills 
granted last year, to promote public 
works, and for the general employ- 
ment of the poor ; which profits the 
commissioners for managing that loan 
had already paid into the exchequer ; 
and much more was expected to be 
returned in the course of the current 
year. The total amount, therefore, 
of what might be called the ready 
money of the ways and meansy was 

7,271,448/. Comparing this sum of 
21,011,000/., which he had stated to 
be the total amount of the supplies, 
it would appear that there was a sum 
of about 14,000,000/. to be provided 
for, for the service of the vear. With 
a view to provide for this sum of 
14,000,000/., and also to effect a con- 
siderable reduction of our unfunded 
debt, ministers had resolved to enter 
into the arrangements which it was 
now his duty to explain to the com- 
mittee. Ever since the peace, minis- 
ters had entertained the wish to re- 
duce the amount of unfunded debt 
which had been accumulating. With- 
in the last two years, no less than 
eighteen millions had been added to 
it, in consequence of the vote of the 
House against the continuance of the 
income-tax ; and it now amounted to 
fifty or sixty millions. No inconve- 
nience had indeed been felt in con* 
sequence, but in the event of public 
alarm or danger, it might be produc- 
tive of serious mischief 1 In the pre- 
sent state of the money market, a 
great part of this debt could easily be 
funded, and on terms so advanta- 
geous, as would make the delay very 
profitable to the public He had ex- 
pressed his opinion of the expediency 
of funding exchequer bills whenever 
the 8 per cents should rise to seventy- 
five. They were now at eighty. Time, 
therefore, he was glad to say, had 
justified his opinion ; for no less than 
two millions were saved within two 
years to the country, by preferring 
the issue of exchequer bills to the 
contraction of any loan ; and it wafi 
now proposed to fund twenty-seven 
millions of those bills, an amount 
much larger than be had anticipated 
Although, however, the whole debt 
now floating was funded, it would 
not raise the capital o£ the national 
debt beyond the amount at which it 
stood at the conclusion of the war< 
Since 1st November, 1815, the sink- 

Digitized by 


Chip. 8.] 



iog fiiod had paicl off fifty milBons 
of Am capital ; l>y -wliich <^ration^ 
ttd by the remo-v^al of so great an 
amoiuit of unfanded debt, he hoped 
dte monej-tnarke^ ^^nrould be so im- 
jffoved as soon to &<limt of the re- 
doctkHi of tlie four and five per 

Mr Vansittart sko^w proceeded to 
itde his plaoi foi: die creation of a 
Bew descnptioii oC stock. The ob- 
ject of miiasters bad l>een to raise a 
considerable sum of money for the 
•errice of the year, ^without mcreasing 
the noodiuLL capital a£ the debt, by 
ocating out of the three per cent 
Mo^ a stock whi<^ should bear the 
krtcteat of three and a half per cent ; 
while the existence of such a stock 
vovld Dtttoraily aerve to facilitate the 
lednction of tl^ fbur and five per 
cents; for the three and a half per 
cents would rise * to par sooner than 
the three per cents ; and if the hold- 
ers of the five per cents were to be 
reduced to four per cent, instead of 
thia three and a half stock, there 
nnght be an apprehension entertain- 
ed by them that they would be even- 
tajdly reduced to three, which, by 
the terms of the contract for the crea- 
* tioQ of the three and a half per cent 
stock, they were secure from for ten 
years. On those grounds he looked 
to the new stock as the means of af- 
fording great facilities for the reduc- 
tion of the four and five per cents; 
while the creation of that stock pro- 
duced no addition to the nominal ca- 
petal of the debt. It was proposed, 
that the new stock should consist of 
27,000,000/., by which the sum of 
S,OOOyOOoL .would be reused for the 
imhlic service, by the payment of 
deven per cent on the sum transfer- - 
led, as a (»>mpensation fi[>r the diifer- 
cnee cvf value between a three and a 
half ftad a three per cent fund. It 
was also proposed to fund exchequer 
bills to die amount of 27,000,000/. 
The terms had already been before 

TOlr. XI. FART X. 

the public The subscriber would 
have to pay IIL for every lOtf. stodc 
transferred from the three per cent 
into the three and a half per cent 
stock. The actual difi^rence^ consi- 
dered in the light of an annuity be- 
tween the three and the three and a 
half per cent funds, would have been 
when the ofier was made thirteen per 
cent; that was supposing the price 
to be seventy-i^ht. In this o£^r, a 
fair and free bonus was held out of 
two per cent ; but were it not for the 
protection to be afforded to the three 
and a half per cents, by the purcha- 
sers of the commissioners for the re- 
duction of the national debt, the dif- 
ference would indeed be extreme- 
ly small. The public would be a 
gainer on the whole transaction of 
3,000,000/. He had also been\ en- 
couraged to make the present expe- 
riment, from the success of an arf- 
rangement, sanctioned by parliament 
last year, for legalising the transfer 
of three per cent stock into the Irish 
three and a half per cents, by the sa- 
crifice pf a seventh of the capital so 
transferred. This plan had been act- 
ed on last autumn to the amount of 
half a million, — a material sum, con- 
sidering the circumstances of Ireland. 
But such transfer manifesting the 
willingness of stockholders to avail 
themselves of a proposition for the 
investment of money in a three and 
a half per cent fund, and the Irish 
proprietors in the British stocks so 
promptly making the transfer with 
the view of having their interest paid 
to them in Dublin, it struck his mind 
that other holders of the three per 
cents might be equally ready to seek 
an advanced interest on their capital 
in London. Hence the present plan 
was brought forward. In the origi- 
nal notice at the bank, it had omy 
been stated, that a subsaiption would 
be opened for raising a part of the 
supply of the year ; and it was pro- 
posed, that the parties transferring 

Digitized by VjOOQ IC 



thnr fCodc tbould h«ve At option of 
fitoding exchequer bQb to the extent 
of double the emowit of the numey 
to be paid« as the connderetum for 
the exchange of three per cents into 
a three and a half per cent stock. Un- 
der this plan 6^000,0002. of stock had 
been subscribed for transfer within 
the first three days* 

After this time, a iarther opporti>- 
nity was offered by the seoona notice 
iant funding exchequer bills to the 
amount of a sum equal to the stock 
transferred. This was so mudi ap* 
proved of, that nearly the irtiele aam 
hadbeea mi e rf at the time be was 
qMakinfl^-4Uid there was no doubt of 
its speedy oompletion. The addition 
to the fhnded aebt, in consequence of 
Ifae propositions which he ml to sub- 
mit, would be about S4,900,000{. of 
stock, which, however, would only 
produce an augmentation of the no- 
minal capital of the public debt be- 
jfond the money actuallv raised, to 
the amount of between mur and five 
millions, being the difference between 
the above sum of 34,900,000^. and 
that of 30,270,000/. either of money 
to be paid in, or of unfunded debt re^ 
duced. According to the last intel- 
ligence from Ireland, he understood 
tmit the price of three and a half per 
cents in that oountrjr was 93 ; whidi 
bore a full comparative proportion to 
the English three per cents. 

The committee would observe, that 
the rate of interest was lower than 
could have been aqpected at the ter- 
mination of an expensive war, and 
under all the circumstances in which 
the country was placed. This inte- 
rest it was proposed to provide for l^ 
cancelling stock according to the act 
1813. If the committee would com- 
pare the terms on which eleven mil- 
lions of naval exchequer bills were 
funded in 1785 by Mr PiU, with the 
present plan, the difference in favour 
of the latter would be immediately 
The fimds were only at 56 in 

1785, whicb was a period of peacs ; 
but, by the operation of the smking 
fund, which bad enabled the country 
to make such extraordinary efforts in 
the late war, the funds were at $7 
even at the dose of that wa r . s a d 
they were now as high as 30. With 
this fact before the committee and the 

SubUc, everv man must see that no 
oubt could be entertained of the suc- 
cess of the new stock. The honour- 
able g^tleman then moved bis reso- 
lutions, the essence of which is omsh 
prised in th« hOepmag ebmmx 

1, <* That, towards raising the sop- 
jILy granted to his Miges^, every per- 
son who shall, on or before toe Mh 
of Aprili 1819^ have subscribed his 
name in the books of the governor 
and company of the Bank of Eng- 
land, ^ the purpose of converting 
not less than 2000^ capital stock in 
the 3^ p(» cent oonsobdated, or 3A 
per cent reduced annuities, into an- 
nuities at the rate of 3/. 10s. per cent 
per annum, shall, upon the transfer 
of such SL per cent annuities to the 
account of the commissioners for the 
reduction of the national debt, and 
upon payment to the chief cashi^ or 
cashiers c^theffovemor and comj^y 
of the Bank ofEngland, at the timof 
hereafter mentioned, of the sum of 11/. 
in money for every lOOL of the said an- 
nuities, be entitled to lOOL in annui- 
ties, after the rate of 3/. 1 0». per centpec 
annum, which annuities shall be char- 
ged upon the consolidated fund oi 
the united kingdom of Great Britain 
and Ireland, and shall bepayable hall 
yearly, at the Bank of England, ov 
the 5th of April, and the 10th of Oe 
tober, and shall be transferable in th< 
books of the governor and companj 
of the Bank of England; ana thi 
whole of the money to arise ficom thi 
payment of 1 R on each 100/., 3/. pe 
cent consolidated or reduced annui 
ties to be subscribed, or to be trans 
ferred as aforesaid, shall not exceed 
the sum qf 9,000,000/. 

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Qup. 8.;i 



S. ** Tlmt, towards rabipg the sup* 
ply gnuited to his Miges^^ every per^ 
SOD who shall, on or berore the 24th 
of this instant April, have subscribed 
his name in the dogJls of the govern 
nor and company of the Bank of Eng- 
land, for trans&ring to the account 
of the commissioners for the reduc- 
tion of the national debt 3l. per cent 
ammxties, for other annuities at the 
rate of SL lOf. per cent, shall be at lir 
bcrty to subscribe his name in the 
botdu of the said governor and com- 
pany on the 28th or 29th of Apri], or 
the 2d of May next, for converting 
into SL per cent consolidated and re- 
daced annuities, upon the terms and 
conditions hereafter mentipned, any 
exdiequer hills already issued, or 
which may be issued, before the 1st 
of Aiu;iist, 1818, and which ma^ not 
hare been advertised to be paid off 
befiiffe the respective days of pay- 
BM&t hereafter specified, to an amount 
not exceeding 100^. in exchequer bills 
far every lOOL of stock subscribed to 
be transferred to the account of the 
ooBuniasioners for the reduction of 
die national debt ; and that every such 
penon shall, at the time of so sub- 
scribing his name, make a deposit 
with the chief cashier or cashiers of 
die g o vernor and company of the 
Bank of England, equal to 51 per 
cent at least, on the amount of ex- 
chequer bUls so subscribed, as a se- 
csrity Car delivering into the office 
flf the paymasters of exchequer bills 
the amount of exchequer bills so 
mbfcribed, in manner following : viz. 
iOL per cent on or before the 1st of 
Aogiist ; 20^ on or before the 3d of 
SepCemlter ; 201, on or before the 1st 
if October ; 901, on or before the 3 1st 
of October ; the remainder on or be- 
fore the 26th of November. And 
tint, whenever the deposit shall have 
hecn made at the bank in money, as 
sGoresaid, the paymasters of exche- 
quer bills shall, so soon as the sub- 
icriber shall have brought in exche- 

quer bills to the whole amount of his 
subscription, return to such subscri- 
bers the amount of such deposit ; or 
such deposit may be taken into ac- 
count as a part-payment of the sub- 
scription of such subscribers^ 

Mr Brougham observed, that he 
could not be expected to follow at 
once all the multiplicity of details in- 
to which the right honourable gen- 
tleman had entered, many of which 
appeared to him calculated to conceal 
from the committee the real charac- 
ter of the measure. The great and 
new plan of finance broached by the 
right honourable gentleman, seemed 
to resolve itself into this, (and if he 
misunderstood it, he should be hap- 
pj to be set right,) that a clear defir 
cit existing of somewhere about four- 
teen millions — that deficit must some- 
way or other be supplied: and this 
great and new plan consisted in some 
way or other borrowing the sum ncr 
cessary, — in contracting, in fact, ^ 
new loan, either from a three and a 
half or a three per cent stock, the in- 
terest of which (to be charged on thp 
sinking fund, ) would amount to near- 
ly 1,200,000^ Whatever might be 
tne details of the proposition, that 
he conceived to be the result, or, in 
vulgar language, the upshot of it. — 
Now, after 'three or four years of 
peace, he, for one, could not consi- 
der that a state of things, in which 
such a proceeding became necessary, 
was at all flattering. The invention 
of the new stock of three and a half 
per cent was another matter on which, 
with his present information, he must 
be avowed to withhold his felicita- 
tions. This stock, acording to the 
right honourable gentleman's repre- 
sentation, appeared to be intended 
for a kind of half-way house for the 
four and five per cents in that jour- 
ney downwards, which the right ho- 
nourable gentleman seemed con fil 
dently to anticipate they would make 
at no very distant period. The right 

Digitized by 




honourable gentleman had declared 
that the advantages of his new plan 
in this respect were as plain as pos- 
sible ; for that if a holder of five 
per cents were required to com- 
mute hfs stock for a stock bearing a 
lower interest, he would rather change 
it ; — ^he supposed the right honour- 
able gentleman was about to say, 
for three and a half per cent stock 
than for three per cent;— but no 
— he would ratner change it for 
three and a half per cent than for 
four ! And the reason assigned by the 
right honourable gentleman was, that 
the holder of five per cents, thus at 
once commuting nis stock for three 
and a half per cent, would feel con- 
fident that It would never be reduced 
lower. For his own part, if he had 
the good fortune to be a large holder 
of five per cent stock, and if he were 
asked whether he would commute it 
for stock at four, or stock at three 
and a half per cent, he confessed that 
he should think the right honourable 
gentleman's argpment, by which he 
would persuaoe him to prefer the 
three and half per cent, very raeta« 
physical He would beg to have the 
four per cent stock in the first in- 
stance, and to talk about the three 
and a half at leisure— knowing at least 
this, that while he retained the four 
per cent stock, he should be enjoy- 
ing a half per cent more than he would 
have done had he embraced the other 
branch of the alternative. But on 
what ground was any holder of five 
per cent stock-to entertain a confi- 
dence that if his stock were reduced 
to three and a half per cent it would 
never be reduced stiJl more f He was 
at loss, therefore, to see what temp- 
tation there was to the holders of five 
per cents (in the event of circum- 
stances warranting any change) to 
take these three and a half per cents 
in preference to four per cents ; and 
}£ there was no such temptation, he 
ivished to know with what public 

benefit this new and grand financial 
invention was pregnant. He depre- 
cated also the paltry gain by the lot- 
tery, a pernicious and immoral ob- 
ject, especially when a larger sum 
was voted for a moral object, that of 
suppressing the slave trade — a vote, 
however, 01 which he cordially appro- 
ved. :; 

The Chancellor of the Exchequer 
observed, in reply to Mr Brougham, 
the honourable and learned gentle- 
man had declared his surprise that he 
should entertain an expectation that 
the holders of five per cents should 
be induced to prefer the three and a 
half to the four per cents, on the 
ground that the three and a half per 
cents were not liable to reduction. In 
the first place, they could not be re- 
duced for ten years. It was likewise 
to be observed, that, approaching as 
the three and a half per cents did to 
the lowest rate of interest, there was 
less probability of their reduction. 
When it was considered that they 
must rise much above par before any 
reduction could be attempted, thev 
must be very sanguine indeed with 
respect to the prosperity of the coun- 
try, who looked for a speedy reduc« 
tion of them. After a short conver- 
sation, in which the plan was defend- 
ed by Mr Maberly, Mr Hart Davis» 
Mr Huskisson, Mr C. Grant, and an- 
swered b^ Mr Grenfell, Mr Frank- 
land Lewis, Sir J. Newport, Mr J. P. 
Grant, and Mr Lyttleton, the resolu- 
tions were agreed to. 

On the subject of finance, it is pro- 

Eer to mention, that on the 3d Fe- 
ruary. Lord Castlereagh moved the 
reappointment of the committee oi 
inquiry upon that subject. His lord- 
ship observed,- that whatever diffex-- 
ence there was respecting any parti- 
cular measure which they might ha^ c 
recommended, there 'could be no dif: 
ference as to its activity and fidelity 
If some doubted whether the cour^< 
of their investigation had been in tl^^ 

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Chap. S.3 


true spirit Which parliament and the 
cooDtrj expected from themi there 
could be but one opinion as to the 
extent of their inquiries^ and the im- 

Cance of the objects to which they 
turned theur attention. The com- 
nuttee had drawn op six extensive 
and laborious reports respecting the 
offidal establishments^ the ofiiciu re- 
dactions which were advisable^ and 
the modi6cations which^iight be ad- 
vantageous to the public service. 
Though the committee had not ima- 
gined that the House had devolved 
to it the consideration as to what pre- 
cise establishments would be neces. 
sary in the great branches of the pub- 
lic service— the army, the navy, and 
the ordnance ; yet they had exhibit- 
ed so many and so important views 
on that subject, that when the House 
hereafter discussed those subjects^ 
their decision would be much more 
easy. The committee also had made 
inquiries on the great subject of the 
general revenue and expenditure of the 
country, and how far likely they were 
to square and meet. The motion was 
agreed to ; and the following mem- 
bers appointed: Lord Castlereagh, 
Mr Bankesy the Chancellor of the £x- 
chequery Lord Binning, Mr Bootle 
Wilbraham, Mr Peel, Mr Hart Davies^ 
Sir George Clerk, Mr Frankland 
Lewis^ Mr Huskisson, Mr Tremayne, 
Mr Nicolson Calvert, Mr Davies Gil- 
bert, Mr Cartwright, Mr Halford, 
Mr L3rttleton» Lord C live, MrGrooch, 
Sir Thomas Ackland, Mr Robert 
Smith, and Mr Calvert. 

On the 25th May, the committee 
presented anelaboratereport,inwhich 
they gave a view of the financial state 
of the kingdom for the last, and its 
probable state for the following year. 
The actual produce of revenue for 
the year enaed 5th January, 1818, 
had been 51,665,460/. a sum which 
fell short of the estimateby 1 ,961,546/. 
This deficiency had indeed been 
more than covered by the arrears of 

property*tax and other repealed war 
duties, amounting to 2,830,531/. This 
was a temporary source; but the 
peat increase wmch had taken place 
in the <]^uarter from Jai^uary to April, 
arising trom a prosperous state or the 
countrjr, afforded favourable expecta- 
tions with regard to the produce of 
the following year. The deficiency 
had been chiefly observable in the ex- 
cise, where it amounted to 2,355,317/., 
while in the post-office there had been 
also a deficit of 153,500/. ; but in the 
custpms, stamps, assessed taxes, and 
miscellaneous receipts, the amount 
had exceeded the estimate. Upon 
the whole, the revenue had fallen 
short of the expenditure by the sum 
of 654^696/., though in consequence 
of balances remaining in the Exche- 
quer, there had been, upon the whole, 
a diminution of debt to the amount 
of 2,642,517/. The committee con- 
sidered themselves as having good 
grounds to estimate the produce of 
the ensuing year at 52,500,000/. while 
the charge, exclusive of the sum em- 
ployed in the redemption of debt, and 
provided for by the sinking fund, 
might be estimated at 51,087,000/., 
leaving an excess of income over ex- 
penditure, amounting to 1,413,000/. 
It thus appears, say they, that with 
respect to the year 1818, the income 
may be considered as very nearly 
balancing the expenditure, exclusive- 
ly of any increase or diminution of 
debt; and that in the year 1819, af- 
ter making allowance for the proba- 
ble increase of expence unavoidable 
upon an event, which, under the treaty 
of peace with France, must occur, if 
not in the next year, within little more 
than two years from the present time, 
the expenditure (exclusively, in like 
manner, of the sum to be applied in 
reduction of debt) will be within the 
probable income : from whence it will 
follow that any improvement of the 
revenue beyond the limits of the es- 
timatCi on the one hand, and every 

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dhninutimi t)f expence tittit may be 
made in fliture years, on die other, 
would hare the effect of creating a 
mirplus annually applicable to the di- 
minution of the public debt; an object 
to which the wisdom of Parliament, 
and the exertions of the government, 
cannot be too stedfastly directed; 
which has, indeed, taken place tosome 
extent in each of the twoyears, where- 
of the actual expenditure has been 
under the consideration of your com- 
mitteet although not affected by in- 
come belonging to the ordinary re- 
ceipt of the year ; and to the further- 
ance of which your committee are 
willing to believe, that the measure to 
which th^v alluded at the close of 
thehr fourth report^ viz. the reduction 
of the interest on the five and four per 
cents, must) under a continuance of 
the present favourable prospects, and 
with the growing abundance of cani- 
tal in the united kingdom, materially 
contribute at no distant period. 

Notwithstanding thedifficulties un- 
der which the finances of Britain la- 
boured, considerable efforts were 
made to obtain the repeal of several 
taxes considered as burdensome. The 
-attention of the House was called 
most strongly to the Irish window tax^ 
petitions against which were present- 
ed from Dublin, Cork, and others of 
the great cities of Ireland. On the 
^Ist April, its repeal was moved by 
Mr Robert Shaw, who observed, that 
the citizens of Dublioy and the rest 
of the Irish population, whohad cheer- 
fully borne their share of the com- 
mon burden, now. looked forward to 
8 portion of that relief which had been 
granted to Britain in the repeal of the 
property and other taxes. There was 
none, to adeliveranoe from which they 
looked forward with such anxious 
expectation as the present. " The tax 
was always peculiarly obnoxious to 
the citizens of Dublin for several rea- 
sons—its very unequal pressure, the 

inqiiisit^lrial nature of its levy, and 
the ruinous consequences resulting to 
the hedth of the city» from the con- 
trivances of all the poorer dasses to 
evade it; and it is now more op- 
pressive than ever, from their total 
inability to pay it. On its imposi- 
tion by the last Parliament that ever 
sat in Ireland, it was at first very 
generally opposed, until the Chan- 
cellor of the Exchequer repeatedly 
pledged himself on the part of thie 
government, that it was intended for 
a war tax only ; and accordingly the 
tax was proposed and enacted, at 
first, for three years, provided the 
war should last so long. I hope I 
sliall not be told that the pledge of 
one minuter is not bindine on his suc- 
cessor. Sir, it is of the last import- 
ance, that in all transactions between 
the people and the government, the 
faith of that government should not 
only be pure, but above suspicion; 
and I entreat gentlemen seriously to 
consider, whether resorting to such 
an argument may not be received by 
the people of Ireland as an unworthy 
pretence for breaking an engagement 
we do not wish to keep. Mr Corry 
was then the financial minister, and as 
such he pledged himself and the go- 
vernment, of which he was in that in- 
stance the accredited organ, that if 
the Irish House of Commons would 
grant that tax, their constituents 
■should be relieved from it at the end 
of the war. The tax was voted, and has 
been levied ever since: the people of 
Ireland have cheerfully fulfiilecf their 
part of this contract ; and if the Irish 
Parliament were now in being, is there 
a doubt that this pledge would have 
been redeemed on the conclusion of 
the war ? I am sure that I shall not 
appeal in vain to the justice, to the 
honour of this House, to redeem that 
pledge which the Irish Parliament, in 
1 might almost say its last moments, 
gave to the citizens of Dublin. Un- 

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Ctuf.B.y HISTORT* 


dir die unseat Mt» iIm coOa^ton can 
doMUid an MitAoce into every room 
ia cTcry house mlrekiidi from d^t 
itt Ibe moroiD^ until sunset^ and ui« 
■ft upon admutioD, under a penalty 
oiML I need not aay that there 
■ughtbeiasiancei^ in thecate of tick 
pcnons of the other tex, where every 
gentloBian who heart me would re- 
ooO at the idea of such an act beinff 
rigorously enforced ; and I must add 
ia candour, that there is little appre^ 
hensios of any such abuses in a d^ 
partmenc under the superintendence 
of a gentleman^ whose talents and as- 
■dtttty, since he became chief com* 
a uw io n er of exctse, have been crate- 
My ttid universally acknowledged ; 
but still it is no answer to the many 
objections against the harsh provi- 
sioos of this act* that they are not as 
rifsronsly enforced as th^ might be* 
h is not to be forgotten, that, harsh 
ai they are* they are still as much the 
]aw of the land as the Bill of Ri^hts^ 
sad under them a collector, it any 
boose was unoccupied by the absence 
of the &mily in the country, or for 
aay other cause, might, after the 
snpty formality of affixing a notice, 
brttk open the hall door under the 
warrant of any inspector of taxes, 
and seise and sell the furniture he 
ibood within. There is another point 
of view in which this tax was pecu* 
Hsrly pernicious. Health is the first 
of tetfiporal blessings, and contagion, 
for the time, perhaps the most tre- 
Bisndous of all national calamities. 
Dorinff the alarming prevalence of 
Isver um last year in Ireland, it was 
the onanimoos opinion of the fiiculty, 
that unless the houses were more ge- 
BeraUv ventilated, the contagion must 
•pread, and a plague be the conse- 
meoce. That part of the city of 
Di^lio now occupied b]|r the poorer 
order^ had become miserably un- 
healthy from the constant devices to 
tfsde die tax, by atopping the win- 

dows and exdoding dieHriit aAdair, 
so that the inward part m the dwel'' 
ling waft dark and nokamef and wh«i 
crowded by fever padentSt served aa 
so many nurseries for contagion. The 
danger became so imminent, that the 
gpovemment took the ahurm, and the 
right honourable ftentlemaa, who for 
so lonff a period bad conducted the 
administration of Irehmd, with equal 
firmness, temper, and talent, acted 
here in a manner worthy of himself. 
Abandoning all minor considerations 
of revenue to the paramount one of 
the health and general safety of the 
community, that right honourable 
gentleman save orders that all the 
windows which had been hitherto 
closed up, and that were necessary 
for ventiladon, should be thrown open 
for that purpose, without subjecung 
the owners to any additional claims 
on the part of the excise. In short, 
Mr Shaw declared, the citiaens of 
Dublin are all as one man against the 
tax. They think it unjust in princi- 
ple, severe and unequal in its pres-» 
sure, unconstitutional in its levy, and 
in all its practical effects upon the 
poorer ordfers, and endangenng the 
health of the community." The sum 
produced by it did not exceed 
300,000/., a drop in the ocean, com« 
pared to the vast income of the em- 
pire. He therefore moved a com- 
mittee to consider the expediency of 
its repeal. 

The Chancellor of the Exchequer 
stated, it was with much reinret he 
felt himself bound to oppose the pro- 
position of the honourable gendeman* 
it rested on two grounds--*the sup- 
posed pledge ^ven by Parliament^ 
and the oppressive nature of the tax 
itself. With regard to the first of 
these grounds, it rested endrdy on a 
fallacy. Thouah it might, when ori- 
ginally proposed in Irdand,have been 
contemplated as a war-tax, yet, ha* 
ving been, firom due t» tiase, enaet^ 

Digitized by 




ed» and at length pledged/ as a lectN 
rity for certain changes on the conto^ 
lidated . fund» it appeared to him to 
haTe lost that character ; and he con-> 
ceived.the people of Ireland had now 
no right to. demaiid its repeal, on the 
ground that the faith of Parliament 
would be violated* if it were not I'e- 
moved. It was a fact well known, 
and which shewed that the faith of 
Parliament was not pledged for the 
removal of this tax at the end of the 
war, that the same Chancellor of the 
Exchequer, Mr Corry, who proposed 
it in the Irish Parliament, made no 
proposition, at the time of peace of 
Amiens, for its repeal. But, if be 
even had noticed^ueh a pledge, when 
the peace of Amiens was concluded, 
the proceedings that afterwards took 
place In Parliament would have re- 
moved the, effect of such notice. In 
the next Parliament, the tax was con- 
tinued—though certainly it was in the 
power of the legislature to have re- 

Eealed it, if they thought fit, and to 
ave introduced any other tax they 
pleased to make up for the deficiency 
which such an act would have crea- 
ted. But it having been pledged for 
a part of the debt, they could not, on 
any principle of good faith, have en- 
tertained such a proposition. If, in- 
deed, it should appear, that Ireland 
bore more than her share of the com- 
mon burden, she might have a fair 
claim for relief. But this was not the 
case. The expenditure of Ireland, 
at the consolidation of the two trea- 
suries, was 6,500,000/. ; her revenue 
was short of 4,500,000/.; so that 
the whole deficiency, amounting to 
2,000,000/. might be said to arise from 
that consolidation, Ireland not having 
paid her just proportion. That de-' 
ficlency she was bound to make good. 
With respect to the pressure of the 
window-tax, he begged to observe, 
that .the distress wluch was felt in 
Ireland, on account of the scarcity 

of provisions, necestarily rendered it 
more than ordinarily difficult to sup* 
port the pressure of taxation ; but it cer- 
tainly did not go to the extent which 
some gentlemen had stated. Pevhapr 
it would not be improper to grattt a 
certain degree of relief h> the people* 
of Ireland, with respect to this parti- 
cular tax. The subject had not^es- 
caped his attention ; and he had pre-- 
pared a schedule, from which it would 
appear that a considerable relief would 
be extended to them. The general 
principle would be to relieve the peo-' 
pie of Ireland from the additional du« 
ty of 25 per cent, which had been 
laid on a few years ago. The relief 
to those on whom the tax pressed 
most heavily would be 25 per cent p 
to others a smaller degree of relief 
would be granted. He was obliged 
to the honourable member for noti- 
cing the rumour, that this tax had 
tended to produce contagion in Ire- 
land, on account of the obstruction 
of air, occasioned by the shutting up 
of windows, because he could give a 
satisfactory answer to it. His an- 
swer was this, that the government 
of Ireland had authorised the open-* 
ing of windows, deemed necessary 
for.the health of the inhabitants, with-< 
out payment of window-tax, when 
application was made for that pur- 
pose ; so that this tax could not fiilr- 
Jy be considered as the nieans of ex- 
tending a dangerous malady in Ire- 

Mr PlunWt insisted, that there 
was clear, direct, and specific eri- 
dence, that the tax waa only intend-i 
ed as a war-tax. It was first intro- 
duced in 1799, and the House would 
find, by the 40th of the King, cap. 4, 
that the tax was granted for the pur« 
pose of keeping up an effective force 
of 49,973 men— rthat was for the ex- 
press purpose of maintaining a war- 
establishment. It waa recited, in the 
body of the act, that the tax was laid 

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Cba?. 5.3 



on ftr tfak purpoAe^ ahd no other. If 
k were not then a war-tax, complete- 
ly iDc^Nibie of being explained away, 
he was utterly at a Toss to know what 
a war-tax was. It had been stated, 
that at the peace of Amiens» the Chan« 
cdkir. of the Exchequer, Mr Cony, 
who had proposed the tax, did not 
diink it right to move for a repeal of 
it N0W9 it did not appear to nim to 
be a fair inference, because a Chan- 
cellor of the Exchequer was not in the 
greatest hurry— did not seize the ear- 
liest opportunity— to remove the bur- 
thens of the people, that, therefore, 
DO pledge for their removal had been 
given. In the short period during 
which peace then prevailed, it was 
not surprising, perhaps, that the tax 
was not taken off* He could not ac- 
cede to the proposition, that Ireland 
did not pay her fdir contribution to 
the exigencies of the empire. She 
certainly had not paid the 2-17ths 
stipulated for at the time of tlie Union ; 
and for the plainest of all possible rea- 
sons, because she could not — because 
a burthen, utterly disproportioned to 
her strength, had been imposed on 
her. What had been her exertions ? 
The sum now paid into the treasury 
was three times the amount of her 
net income at the time of the Union, 
—and, notwithstanding this, the debt 
of Ireland had increa^ nearly five- 
fold since that event. Was not this 
a proof that, at the time of the Union, 
a mistaken estimate had been made 
ofher powers? The statement sound- 
ed vety well at the time. It was gra- 
tifying to the people of this country 
to be told — ** You are very much in 
debt, it is true — but Ireland is to pay 
p coiisiderd>le portion of it/' They 
were now, however, dealing with so- 
ber realities. Ireland would not, for 
the could not, pay it. On this coun- 
try it must ikll. Ireland could not 
exert herself beyond her strength — 
die oould not pay beyond her means. 

Were the right honourable gentleman 
to go back to Dublin — were he to 
notice the unha|)py beings whom he 
would meet in every direction— -were 
he to mark their meagre and famish- 
ed countenances, and to witness the 
despair which charalcterized their 
looks — ^were he to know the disap- 
pointment which had settled in the 
minds of the better order of people, 
deprived as they were of their ordi- 
nary comforts — he could not avoid 
feeHng a great anxiety, if it could be 
reconciled with the public interest, 
to remove those burthens which press- 
ed most heavily on the people of Ire- 
land. ^ 

Mr Peel said, that nothing could 
have given him greater pleasure than 
to support any proposition for the re- 
lief of the Irish people, whose case 
had every claim to consideration. — 
With regard to the supposed pledge, 
however, he conceived the honour- 
able gentleman to be entirely mista- 
ken. When the tax had been first 
imposed, in 1799» by Mr Corry, the 
windows which were opened on the 
1st of January in that year were char- 
ged. This same regulation was pro- 
posed to be adopted in the next year, 
though it was known that in the in- 
terim several windows had been clo- 
sed up. Several petitions were sent 
in against it ; and it was alleged, as a 
great hardship, that persons should 
be charged for windows which they 
ceased to use : but it was answered, 
that such a regulation was only to 
continue for three years, if the war 
lasted so long. In 1800, there had 
been two acts passed relating to the 
tax — one for continuing it, and the 
other for regulating its collection, 
according to the first plan : And the 
words to which the right honourable 
gentleman had alluded, were not the 
words of the act for continuing the tax, 
but of that for regulating it. Neither 
did he coticeive that this tax had pro- 

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diiced anj efi^ in splrcdcUD|^ the coo- 
tagiob of fever thrdogli Ir^ittd. He 
hM devoted ^iich bf hl» attentton te 
the rafaject of contagieiis hiret^ end 
coaceiving that the operation of the 
window'-tax was likely to increase that 
disorder bv a want of air, in oonse* 
quence of the windows beingolesedup^ 
Keissoedan order todiffierentcoUeetors 
and inspecton in the districts where 
the disorder prevailed^ directing them 
to have it made known^ that where* 
ever it was found bj a phjsidan that 
windows should be op^ed in houses 
where fever existed^ there would be 
no additional tax charged for anj 
windows so opened. When this or* 
der was issued, the persons to whom 
it was directed were ordered to make 
returns of the applications made in 
the different places for leave to open 
windows, in order to ascertain how 
fiir the tax really operated in increa- 
sing the contagion* He would now 
inform the House what were the re* 
turns made on that occasion, from 
which it would be clearly seen, that 
the window-tax did not at all tend to 
the increase of fever. In Dublin 
there was not a single application to 
open a window— *in Kildare none— in 
Waterford none— in Cork none^n 
Coleraine one. In all— there were 
only seven applications in Ireland. It 
was possible that physicians might 
have ordered windows to be opened 
in some instances without having in- 
formed the inspectors of taxes <^it; 
but such could not be the case to any 
extent. From this it appeared, that 
the window-tax was not, in any man- 
ner, instrumental to the fever m Ire- 

Sir John Newport said, that the 
window-tax afiected the great bod^ 
of the poorest part of the communi- 
ty in Ireland. He alluded to those 
who resided in lodging-houses in great 
cities and towns. He denied the state- 
ment of the right honourable gemle* 

ttuLU, that the sfaultinf I 
under this tas had mat litA i 
of ^reading more widely amongst the 
population of Ireland the f^ver which 
had proved so fatal. This he stated 
not on the authority a£ any ambigtt« 
ouB order, worded so as to preveotf 
not encourage^ appHcations. He 
wovld appeal to the authority of all 
the ueoical raeawho had eomider* 
ed the subject* and who cbdared^ 
that the shutting up of the windows 
had produced the most Umiealable 
efiects. Dr Barry of Cork had ghen 
evidence on this subject, which wsi 
perfectly conclusive. He had stated, 
that in the lower rooms of houses in 
that city, where the windows were 
not blocked up, the tenants ymmtn^ 
from fever, while the upper roonii 
where there was not a free drcnls^ 
tion of air, were filled with contagieo. 
If Ireland did not pay an equal sbart 
of public contributions^ fkcts would 
easily prove this to be merriy becauis 
burdens were laid upon her beyond 
her strength. In 1808, the revenue 
of Ireland amounted to 4»417,000^ 
Since that period, taxes were imposed 
on the suggestion of the finance mi- 
nister, to Uie amount of 8,600,000^ 
What was the result ? How mu^ did 
the revenue of last year exceedn^ 
of 1808 ? It exceeded it in the iam 
of only 50,000^ Yes— taxes estinuh 
ted to produce 3,500,000/1 had really 
brou^^ht in only 50,000^ I This was 
a decided proof of the inability of the 
country to pay. He riiould call the 
attention of the House to the in- 
crease of taxation since the Union. 
At that period, the window-tax was 
from one to four shillings per win- 
dow : it was now from three to 144. 
At the period of the Union there was 
no horse*tax ; there was now a horse- 
tax of 2L ns. Tea, of the best kind, 
paid 7d, per lb., the worst 64. ;— -the 
tax was now 98 per cent mi valorem^ 
The tax on wine had increased in the 

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pniportibii of fittt ta tiro ; Aid the r8* 
feme hid 4ecreMed ia the propor^. 
tion of tiro to fire. On an average, 
the taxes were more than doubled 
naee Che Union ; and thus radhridnals^ 
deprived of their comforts^ were in^ 
dooed to become abaenteea. He 
ftrong^ reconmended to Parliament 
to le»en the taxation on Ireland at 
preBODty that ahe might be better able 
to besr it at a fnture period. 

Ifr Shaw's motion was sapported 
bj Sir Frederick Floods Mr Grattan^ 
Mr Calcraft, and some odier mem* 
beiB. Being put to the vote, it was 
B cya ti yed only by the small minority 
of 67 to 51. 

Ofei the 18th May^ the Chancellor 
ef the Exchequer laid open his plan 
isr the mitintion of the Irish assess- 
ed taxes. He did not conceive that 
PtoMaaaent lar itnder any pledge for 
the repeal of the window-tax, nor 
Chat Ireland had any claim to that ex- 
tcat. At the same time, looking to 
the diatresaed sitaation of Ireland for 
die kttt three years, he thought it be- 
eoRDog the justice and liberality of 
Parliaiiient to afford her some relief. 
Of the window-tax, accordingly^ he 
was prepared to grant a reduction ; 
and he would very shortly explain the 
aetoreof his proposition for that pur- 
poae— noticing also the principal al- 
tenrtions he proposed to introduce 
ttder other heads. But he must first 
Hate, that he had no intention of pro- 
pesiBg any alteration ia the hearth- 
tax. From the window-tax, which 
wtts necessarily felt to be very severe 
IB its pressure, he proposed to make 
H fcduction of 25 per cent, bringing 
it to what it had been before the last 
aiiginentatioB« Since which, he was 
abided to allow there had been a con- 
timial ^Kng off in ihe proceeds of 
the tax. That sprang, periiaps, from 
Ae general stagnation in business, 
which p^niliarly affected Ireland-^ 
ihe tMutg, in a audi higher degree 

than this country, the loss occarion-i 
ed by the want of consumption con« 
sequent on the wkr. It might seem 
that an entirely new scheme was more 
advisable; but, considering the filter 
of that proposed by the gentleman at 
the head of the department in Ire- 
land, he was led to believe tha^ an 
abatement of the tax, as ahready ex- 
isting, would give more general satis* 
Miction* By the law^ as it before 
stood, no house in Ireland having less 
than seven windows paid a duty. It 
was now moreover proposed, that ia 
houses with more tnan that number, 
of which a great proportion was let ia 
lodgings to poor people, 1#. a window 
only should be charged ; but with the 
condition that this indulgence could 
be granted only in such cases where 
the windows were used not only for 
light, but also for the admission of 
air. Of late years great additions 
had been made to all the taxes on 
carriages, servants, and all the rest 
pressing more peculiarly on the high- 
er orders. The laws imposing them 
had been looked upon as sumptuary 
laws, necessary for prohibiting im- 
prudent show and ostentation. Oa 
each of these he now intended a great 
relief, in the hope that diminishing 
the duty on carriages would produce 
employment for the manufacturer; 
and that a general abatement in the 
taxes would operate as an induce- 
ment to gentlemen of property, now 
absentees, to reside at home. On 
all descriptions of carriages a great 
abatement of duty would be made* 
but more particularly on one classt 
which he might call the national one* 
jaunting cars. The duty on keeping 
that vehicle, which had been 6/. 10^. 
was now to be reduced to two guineas* 
Sir H. Parnell considered the hearth- 
taX as the most exceptionable of all, 
on account of the odious right of 
search in the dwelling-house with 
which it was accompanied ; but the 

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ChaDcellor of the Exchequer statedf 
the collecting-officer in Ireland coiild 
not enter into every room of a bouse 
in order to make a correct return, 
but was obliged to form an estimate 
upon a general yiew, the tenant be- 
ing obliged to shew the contrary if 
he objected to it. 

Sir John Newport afterwards mo- 
ved, that the reduction of the win- 
dow-tax should be 50, instead of 25f 
I»er cent. * A debate of considerable 
ength followed, in which Mr Peel, 
Mr Vesey Fitzgerald, Mr Leslie For- 
bes, Sir F. Burdett, Lord Castle- 
reagh, and other members, took part ; 
but little new could now be advan- 
ced, either in point of fact or argu- 
ment. The original motion was then 
carried, by 80 against 55, 

The hardship of the additional lea- 
ther tax imposed in 1812, having been 
the subject of numerous petitions. 
Lord Althorpe, on the 12th March, 
moved for leave to bring in a bill for 
its repeal. His motion, he said, was 
supported by more than a hundred 
petitions ; and though all trades were 
ready to petition for what was bene- 
ficial to themselves, he was prepared 
to shew that the leather trade had 
remarkably declined, since the impo- 
sition of the new tax in 1812. Du- 
ring the five years previous to the ad- 
ditional duties being imposed, there 
were forty-five bankruptcies in the 
leather trade, making an average of 
nine in each year. Whereas in the fiye 
years immediately subsequent to that 
period, there were seventy-five bank- 
ruptcies, making fifteen in each year, 
and a surplus of thirty bankruptcies 
in the five years* In 1808 there were 
1725 licences for the manufacturing 
of lather ; in 1812 there were 1760; 
but in the course of five years afit^r 
the additional tax, there was a re-* 
duction of 889 licences, which shewed 
that the additional duty was oppres- 
sive. Within the last half year, there 

had been thrown out of the trade no 
less than 189 tanners, 338 tawers, 
forty*one oil-dressers, and twelve 
parchment-makers. He stated, that 
tho^ yards which were still occupied 
were not in full work» and that the 
trade bad declined e^ual to one- 
seventh, instead of havmg increased 
with the populatiou of the country, 
as it had always done before the im- 
position of the double tax. The de- 
crease of this trade, the noble Lord 
deduced dso from the diminution of 
the import of foreign hides, which di- 
minution was nearly equal to pne- 
half the quantity imported in 1812. 
He was aware that the produce of 
the tax had rather advanced within 
the last year, but that advance was 
in fact the consequence of the in- 
creased quantity of leather disposed 
of in that year by those who were 
selling off their stock, in order to get 
out of the trade altogether* The 
whole produce of this tax did not ex- 
ceed 200,000/. ; and be it recollect- 
ed, that the tax objected to was im- 
posed in war — that it was deemed a 
war tax, which was to cease upon 
the restoration of peace. But, was 
the sum which he had stated such as 
should reconcile the House to the 
hazard, if not the ruin, of a great 
branch of our manufacture ? It was 
calculated that not less than 71|000 
persons had been already deprived of 
employment by the depression of this 
trade, in consequence of the addi« 
tional tax, and that the loss thus sus- 
tained in the resources of the coun- 
try, exceeded one million and a half. 
The Chancellor of the Exchequer 
would have no objection to a com' 
mittee of inquiry into the state of the 
leather trade; but he begged leave 
to state, that it was by no means in 
the declining condition which had 
been represented* He would go back 
to the American war. For the four 
years after 1778| the average amount 

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CflAp. 3.3 



of the leather tax was 204,00(W. In 
the four years before 1791, it was 
215,000/. ; in the four years before 
1812, it was 394,000/. ; and in the 
last two years since the peace, it was 
954-,000£ It appeared from those 
statements, that the duty did nut by 
any means impede the consumption 
of leather, as it appeared, that be- 
tween 1791 and 1815, there was an 
iocreaae of 50,0001. a year. Fifty- 
six of the serenty-five bankruptcies 
mentioned had taken place within the 
last two years and a half. That num- 
ber deducted from the whole num- 
bly seventy-iive, within the period 
mentioned, would leave a less average 
than the nd>le Lord had laid down for 
the five years before the tax. With 
respect to the number of licencesy it 
was perham known that the peace of 
1814 had disappointed several leatlier 
manafactorersy who reckoned on a 
continuation of the consumption oc« 
csstoDcd by the war. Another ground 
mentioned in favour of the bill was 
the decrease in the importation of 
hides. Bot the noble Lord should re- 
collect, that during the war Bngland 
was the great market open to the con- 
tment of South America, and that 
the greater part of the continent was 
supplied by England with the hides 
which came from that country. But 
now that peace was restored, £ng- 
knd shared that market with other 
countries. The leather trade had 
not only increased, but was still in- 
creasing, as well in consumption as 
in price. In March 1817» sole lea- 
ther was from I5d. to lid. per lb. ^ 
and in March 1818, it was sold at 
from 18dL to 21dL per lb. The num- 
ber of steam engines employed in it 
had mcreased from one to five. Tiie 
trade in oil-dressed leather, upon 
which no additional tax had been im- 
posed, bad decreased much more than 
tey other branch, having fallen off 
favn 183|00(M. to 40 or 50>000/. He 

did not wish to treat the petitions with 
neglect, but proposed to refer them 
to a committee, though he must let 
the House into the secret of why 
they were so very numerous. A let- 
ter had come into his possession, 
which had been addressed as a cir- 
cular to all persons concerned in the 
trade. It was as follows : *' It is De« 
cessary that you should send as many 
petitions as- possible to Parliament 
against the additional duty on leather, 
before Thursday the 12th of March. 
Every exertion ought to be used, 
both by applying to members, and by 
every other means, as the present very 
favourable opportunity is not be ne- 
glected." He begged the House to 
consider calmly what would be the 
result of repealing dutv afler duty, 
on the complaints of petitioners. 
There were at present petitions on 
the table praying the repeal of duties 
and taxes to the amount of three 
millions and a half, without including 
the Enelish window tax, which would 
probably share the fate of the Irish 
window tax, if the latter were repeal- 
ed. If the entire of the taxes were 
to repealed in that way, what was to 
be done ? If they were to continue 
repealing the taxes which were ne- 
cessary to the country, they would 
in a short time have no other alter- 
native left but disgrace and bankrupt- 
cy on the one hand, or the imposi- 
tion of the property tax on the other. 
Lord Castlereagh could not avoid 
saying a few words on this question, 
which appeared to him to involve 
most important consequences ; there 
might, upon every subject of taxa- 
tion, be such warm appeals made to 
the feelings of the Hou^e, as, if ef- 
fectual » would soon leave the coun* 
try without any revenue. He hoped 
the House would pause and consi- 
der the subject seriously before they 
adopted the motion. He trusted 
that, out. of any false or mistaken I'eel- 

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Ingt ofhumaiiity, tbey would not do 
an act which would tend to dettror 
the revenae of the country. Although 
there might have been a diminution 
of the demand for leather, yet late 
returns shewed the trade to be revi- 
ving. From a comparison of the 
Quantity of leather exported for the 
ve years before the increased duty, 
with that which had been exported 
in the same period after it» tne ac- 
count was entirely in favour of the 
latter period. For the former five 
years, the quantity exported was 
5,608,895 pounds weight, and that in 
latteryearsy including theyear 1817»tt 
anoonted to 10,710,078 pounds. This 
proved tha increase of the trade ; but 
if the number of tha mamifacturers 
was diminished, it was to be attribtt* 
ted to the cause he had before stated, 
the effects of great capital being em- 
barked in the business. 

Mr Brougham said, there had al- 
read]^ been two committees appoint- 
ed without any valuable result; and 
be was convinced that tlie issue of 
the one now proposed would be the 
same. If there was no evidence be- 
fore the House,— if they were quite 
in the dark upon a subject, and wish- 
ed to ffet information by means of a 
committee-^then ministers said, *' no 
committee— do not inquire ;" but 
when there was evidence before the 
House—when the information deri- 
ved from former committees was in 
black and white upon their journals 
— ^then the cry was '' a committee- 
inquire." He saw no necessity for 
any inquiry in the present case. The 
thmg was quite clear, and no addi- 
tional evidence was necessary to have 
it understood. This tax was one up- 
on a common necessary of life, and 
he conceived its imposition highly 
impolitic. It was one of those arith- 
metical blunders in which the appear- 
anceof immediate increase was adopt- 
ed, though it led to a certain ulti- 

mate loss to the rerenuev Thecflbd* 
of this tax were severely felt by all 
persons who were great employers ; 
iNit as government was the greatest 
employer, so it fell with particular 
force upon them» and what they inia« 
ffined tney gained in one way, the3F 
lost in anoUier. After a debate of 
some len^. Lord Althorpe's motion 
was earned against ministers by 9 
majority of ninety-four againsteighty- 
four. Leave was ther^ore given to 
him and Mr Brougham to bring in 
the bilL 

Ministers, though thus defeated in 
the opening of the measure, deter- 
mined to makeanother standagainst 9 
proceeding which appeared to afford 
a dangerous precedent. On the 6tb 
April, at the second reading of the 
billy Mr C* Grant moved, that it 
should be read a second time this day 
six months, that is, not at aU. After 
a warm debate, consisting chiefly in 
the repetition of former arguments^ 
Mr Grant's motion was carried bj 
the narrow majority of 186 against 
180. The measure was thus lost in 
the present session. 

Salt, both as a necessary of life> 
and a material in the most important 
"productions of industry, is perhaps 
the most improper of all the subjects 
on which taxation is imposed. When 
used, indeed, in agriculture or the 
fisheries, it is allowed either duty 
free, or at a reduced rate ; but the 
arrangments for keeping this favour- 
ed salt distinct from that which pays 
duty, subjects the dealer to much in- 
convenience, and affords ample rooqi 
for fraud and evasion. These cir- 
cumstances had drawn the particular 
attention of Mr Caleraft, who was 
unwearied in his efforts, either to ob- 
tain a repeal of this duty, or to re- 
move the grievances with which its 
collection was attended. In bring- 
ing it forward, on the 10th MarcQ» 
he stated that it was unnecessary to 

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troobfe the Haute by maUnff a mo- 
tkm, as in a conTeraation which he 
bad bdd with the Chancellor of the 
Exdieqner, it was agreed that a se- 
lect oonunittee of twentv-one mem- 
hen should be appointed U} take the 
subject mtocoDSideration. TheChan- 
cdbroftheExdiequer^ however^ be* 
Mogfat Mr Calcraft to recollect the 
large revenue which arose from this 
Maree^ and the present state of the 
fiaances; to which Mr Calcraft re- 

plied, that be certainly would not 
think of doing awaj with a revenue 
of a million and a half« without find- 
ing a substitute. On the 22d May, 
Mr Calcraft reported, that the only 
specific measure which the committee 
was prepared to recommend during 
the present session, was the reduction 
of the duty on rock salt^ employed 
for the purposes of agriculture from 
lOL to 51. per ton. 

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Stat€ of the Bank's Affmrt.—I>i9cusnoH hy Mr GrenfeU.^^Motion by Lord 
LauderdaleT^ Lord A. Hamilton-^ ^r TUmeif. — Chancellor of ihe 
Exchequer proposes the Continuance of the Bank MStriction.'^Committee 
of Inquiry moved by Lord Lauderdak^^y Mr Tiemey^^^Restriction BiU 

The chief subject connected with 
political economy, which occupied the 
attention of the public during the pre- 
sent session » was the restriction upon 
the Bank from paying, or more pro- 
perly speaking, the permission not to 
pay notes in gold and silver. Ever 
since the first adoption of this measure 
in 1797> it had been the subject of fre- 

2uent and prolonged parliamentary 
iscussion. The striking difference 
in value between the metsillic and pa- 
per currency, with the serious and 
prominent effects thence arisin?, neces- 
sarily drew the attention of aU practi- 
cal statesmen, while the abstruse and 
complicated circumstances on which it 
depended, left room for the utmost va- 
riety of opinions. By those who con- 
sidered the restriction as necessary, it 
was represented that the extensive re- 
mittances made to the continent, either 
for loans, or for the support of armies, 
produced an extraordinary demand for 
gold and silver, which is much the 
most convenient shape in which such 
remittances could be effected. The 
value of these metals was thus raised 

above what it bore as the coin of the 
realm. There arose, therefore, a 
boundless demand upon the Bank for 
payments in specie, not in consequence 
of any doubt of its credit, but in or- 
der to melt down that specie and ob- 
tain the higher price which it brought 
as bullion. It was impossible for the 
Bank to supply this indefinite demand 
without at least entirely ruining itself, 
since it was obliged to buy gold at 
the high price and issue it at the low 
price. On the other hand, the adver- 
saries of the Bank and of ministry con- 
tended that the great difference of va- 
lue between bullion and currency arose 
from the restriction itself; that the 
bank paper, become the standard cur- 
rency of the country, was necessarily 
depreciated in consequence of not being 
exchangeable for specie ; and that, ia 
order to equalize the value between 
bullion and currency, nothing wai 
wanting but that the Bank should b^ 
gin to pay in gold and silver. 

It is not now incumbent on us to 
enter into those abstruse discussioofi 
which would be necessary to form i 

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jadgmeBt oti this intricate tubject. 
Tm former opioion certainly seems 
much favoured by the fact* that on the 
coQclnsiod of peace, and the Cessation 
of foreign remittances, the price of 
fM fell immediately to its ordinary 
iCTcL Now^ however, when the grand 
caose urged in fatour of the restric- 
tion had ceased, all parties agreed In 
considering it desirable that the ch*- 
enlation of the coctntry should be re- 
stored as soon as possible to its natu- 
nl and healthful state. This could 
never take place till the Bank paid in 
ipede the notes which it issued^ which 
were mere promissory notes, and de- 
rived their whole Value from the belief 
of their being convenible into cash. 
When, howeter, the demand was made 
that payments in specie should be re-' 
samed, nainisters and the Bank urged 
that tome time ought to be allowed 
to that body to coSect a quantit]^ of 
gold sufficient to meet a crisis, which, 
after asch a long suspension, might 
be considefed as serious and impor- 
tait. On this principle, in 1816, the 
resnmptiov of cash payments was de- 
byed for two years, and fixed for the 
1st of July in the present year. At 
this period considerable agitation pre- 
ffitled, especially as rumours began to 
drcnlate that a farther delay was con- 
templated by ministers and the Bank. 
In these circumstances, the members 
who took the lead against the system 
tapported by government/ determined 
to press the question, with the view of 
plating an end to the public perplesli- 
ty, and of opposing with alt their in- 
nence the deby, if it was really pfo- 

The discussion was opened by Mf 
Grenfell, who had always tak^n a pro- 
noent part in urging the Bank to re- 
same their payments in cash. On tbe 
J9th January he ptft a direct Question 
to the eJiancellof of the Excneauer. 
Aher tbe pronriaes and the deciara- 
lkm$j so often renewed by die gOTemw 
roL. %u rAwr fc 

ment and the Bank, it was natural to 
suppose, that no doubt or uncertainty 
Would prevail in any quarter,' as to the 
probability of cash payments being ac- 
tuially resumed when that period should 
arrive. Very considerable doubt did 
nevertheless exist in the public mind 
upon this subject, and more especially 
among the class of society which was 
frequently described as the moneyed in- 
terest. It was desirable that this un- 
certainty should not continue one mo-^ 
ment after his Majesty ?8 ministers had 
it in their power to remove it. Nor 
honourable member^ who had a prac- 
tical knowledge of what was now daily 
passing in the city, could be ignorant 
of the very large transactions and spe^ 
eulationfs of a gambling nature that 
were entered into, and depended upon 
the result of this contingency. It waa 
obvious that, in such a course of ad-4 
venture,' those who had the means of 
making themselves acquainted with the' 
real intentions of his Majesty's minis- 
ters, mrust possess a material advan- 
tage over those wh6 were not in the 
secrete For these different reasons, 
he hoped he should not be considered 
ztf making an esrtraordinary request on 
behalf of the public, when he desired 
to know whether any event had oc^ 
curred, or was expected to occury 
which, in its consequences, would pre- 
sent the resumption of cash payment* 
on the 5th of July next. He wished 
also to inquire about two Ibans made' 
by the bank to government, one of 
sit millions, at 4 percent, and another 
of three niilli6ti8 without interest. TiU 
these were replaced, it was of course 
impossible for thfe Bank to commence 
ittf payi^nts in specie. 

The Chancellor of the Exchequer 
Was enabled to say^ that the Bank had 
made ample preparation for resuming 
its payments in cash at the time fixed 
by Parliament, and that he knew of 
nothing in the internal state of the 
country, or in its political' itlatioos^ 

Digitized by 



with foreign powers, wkich would ren- 
der it expedient to, coatioae the re- 
striction ; but that thene was reason 
to believe that pecuniary arraogements 
of foreign powers were going on, of 
such {^ nature and extent, as micrht 
probably make it necessary for Parlia- 
ment to continue the restriction, so 
long as the immediate effects of those 
arrangements were in operation. As 
to the loan of six millions from the 
Bank» at 4 per cent interest^ he should, 
ere long, have to submit a proposition 
to the House for the payment of that 
debt ; but with respect to the three 
millions without interest, which, for 
obvious reasons, was rather to be re- 
garded as a gift than as a loan, he ra- 
uier thought that neither the House 
nor the honourable gentleman himself, 
would be reconciled to any proposi* 
tion for depriving the public of such 
aa important accommodation. 
. Mr Tiemev was extremely perplex- 
ed by the replv of the right honourable 
gentleman, which appeared to him ra- 
ther calculated to encourage than to 
remove doubt. It would perhaps have 
been better if t})e right honourable 
geatleman had declined to give any 
answer, than to have offered one so 
unsatisfactory and indefinite. For ac- 
cording to the right honourable gen- 
tleman, so far as he was intelligible, 
the object alluded to by his honour- 
able fnend, depended upon the osea- 
sures of foreign powers. So, in or- 
der to decide upon the question, whe- 
ther the Bank was likely to resume its 
cash paymoits in July, or whether the 
restriction was to continue, we must 
look to the foreign mails : thus the 
wind, or a change in the moon, might 
serve to throw the country into a state 
of doabt upon this important ques- 
tion. The House and the country 
were still in the dark ; and tlve fact 
was, that the right honourable gen- 
tleman hoUiag the office of Chancel- 

lor of the Exchequer, had not himself 
any one distinct idea upon the subject. 
This movement in the House of 
Commons was immediately followed 
up by Lord Lauderdale in the Upper 
House, where he began by moving a 
return of the weekly amount of notes 
in circulation durinff the last three 
years. He and Ijord King, alluding 
to what had p^ed in another house, 
trusted that Parliament, woidd not 
figree to a renewal of the restriction 
without (he most rigorous intestiga- 
tiop. Lord Liverpool made a state- 
ment similar to that made by the 
Chancellor of the Exchequer in the 
Lower House. The amount was or- 
dered, but the Lords on the opposite 
side expressed their entire dissatisfac- 
tion with this announced intention of 

On the 4th March, Lord A. Ha- 
milton moved for a copy of the notices 
issued by the directors of the Bank» 
respecting partial payments of their 
notes in specie, and of the amount 
paid in pursuance of these notices. His 
Lordship very clearly intimated his 
conviction, that the expectations thus 
held out were quite illusory. The 
Chancellor of the Exchequer depre- 
cated any interference with the Bank, 
which could only fetter that body, in 
its tfforls to attain the object in view ; 
at the same time expressing his full 
conviction of the honourable and public 
spirited course held by the directors in 
their dealings with the public. After 
some <^servations from Mr Grenfell, 
the House dirided, when the motion 
was negatived by 34 against 1 1. 

Immediately after the decision of 
Lord A. Hamilton's motion, Mr Tier- 
ney moved for the weekly issues of 
notes from the Bank in the month 
ended Sd March. He insisted, that if 
the Bank wene smcere in their inten- 
tion to resume cash payments, a re- 
duction in the amount of their out- 

Digitized by 


Cbaf. 4 ] 



•tandiog notes was ao inditpensable 
preparation. Instead of thisi they were 
following the very oppo^te course. 
There were on the table of the House 
the amounts of issues ibr the eighteen 
months, from July 1816, to December 
1817; and) from these it appeared, 
that the issues in the first sm ihot^ths of 
that period amounted to^,900»000^. ; 
in the second to 27,4O0»000/. { and in 
the last, that was to December 18>7» 
to 29,000,256/. Thus it was evident, 
that if the Bank, in place of preparing 
for the resumption of their payments 
in cash, at the time specified by law, 
had determined ' to multiply impedi- 
ments to such a result, they could not 
have more dexteronsly managed to ef- 
fect the latter object than by the con- 
duct they were pursuing. The Chan- 
cdlor agreed to the production of the 
papers, and to the general principle 
that the Bank ought to diminish its 
issues before the resumption of cash 
payments, but detlined entering into 
any eoosideration of the general ques- 

Nothing further passed On the sub- 
ject till the 9th of April, when it was 
introduced to the full consideration of 
the House, by the Chancellor of the 
Exchequer moving, that it should re- 
solve itself into a committee on the 
Bank Restriction Act, and on an act for 
the regulation of country bank notes. 
The minister now fully laid open the 
motives which induced him to propose 
the continuance of the restriction for 
another year. The committee would 
recollect that, prior to the retreat of 
the French army from Russia, at the 
ckise of the year 1812, the price of 
gold bullion was 5L I2s. an ounce, 
and of silver dollars 6s, 6d. an ounce. 
At that time, therefore, any attempt 
to restore the metallic currency of the 
country would have been utterly un- 
avaSing, as the coin would have been 
collected and melted as fast as it issued 
fron tlK coffers of the Bank. But when 

the French army retired into Gerrbany 
and was beaten there, and when a pros- 
pect arote of a successful termination 
of the war, gold fell to 51 an ounce i 
and subsequently, when the allies got 
possession of Paris^ to 4/. 6s. 6d.^ and 
there was every indication of its speedi- 
ly falling to so low a rate as to enable 
the Bank to resume their payments in 
eash. The unfortunate events, how- 
ever, which took pbce in the spring 
of 1 8 1 5, and which were too notorious 
to render it necessary for him to par- 
ticularile them, and which agam in- 
volved Europe in the calamities of war, 
prevented this pleasing prospect from 
being realised. After the' return of 
Buonaparte to France, irt March, 1815,, 
gold rose from 4/. 6s, 6d. to S/. 7*. an 
ounce. It was obvious that, as long 
as a state of hostility continued, any' 
attempt at a resumption of cash pay-* 
ments would, for the reasons that had 
operated in preceding cases, prove 
wholly futile. From the period, now- 
ever, at which hostilities ceased, it was 
but justice to the Bank to state, that 
they had adopted every measure of 
precaution which might enable them 
to resume cash payments with safety. 
Their collection of specie had been 
very rapid and to a large amount ; in- 
deed, to an extent beyond what he 
should have supposed possible in so 
short a space ot time. Another pre- 
paratory measure of the Bank was au 
experiment which was first tried by 
them in January 1817. They decla- 
red themselves ready to pay in cash a 
certain description of their notes, the 
whole amount of which was about a 
million. Scarcely any demand, how- 
ever, was made upon them ; and the 
price of gold was then such, that the 
same would probably have been the 
case if they had returned generally to 
cash payments. A different result 
followed when, in October last, it was 
announced, that the Bank would be 
ready to pay cash for their notes of 

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every dcBcription, dated prior to Ja- 
nuary l^ty 1817. Payment in cash was 
demanded to a large amount ; not for 
the purpose of internal circulatfon (for 
this he hardly apprehended was the 
opinion of any person), but for the 
purpose of bemg remitted to foreign 
countries. To the causes which pro- 
ducedthat situation of things he should 
presently adyert. It appeared, from a 
return made to the other House of 
Parliamentf that the Bank issued under 
their last notice a sum not less than 
2,600,000/. Of that large sum hard- 
ly any part remained in circulation jn 
thiscountry. The circumstances which, 
appeared X& him to hare occasioned 
this difFerencCt were the deficiency of 
ihe two last harrests, which had occa- 
sioned a great drain of money for the 
importation of corn, and the number 
of English emigrants residing on the 
continent. The whole number of per- 
sons, who, from the year 1814 to the 
24th of February last»'had embarked 
at Dover for the continent,, amounted 
to 90,230 ; exclusively of aliens, whose 
number amounted to somewhat aboTe 
11,000. The number of English, who, 
during the same period^ had returned 
to Dover, amounted to 77,530. The 
difference between the two numbera 
which he had stated was 12,700; so 
that it might be safely affirmed that 
the number of English residing abroad 
did not exceed >3,000. If it were as- 
sumed that these 13,000 individuals 
expended on the average 200/. a*year 
each ( which as a number of them were 
servants, might be deemed a sufficient- 
ly high estimate) the account of their 
annual expendfcure would be somewhat 
above two millions and a half. But, in 
addition to that, the committee must 
take into their account the large sum 
expended by our army, abroad ; for 
although it was true that the French 
government provided for the support 
of the troops^ still it was notorious 
ihat great private expense was incurped 

by the officers. These circumBtances, 
however, though well worthy of con- 
sideration, were of less importance thaa 
the large loans negociated by France 
in this country. In June, 1816, it ob- 
tained one of about five millions ster- 
ling. In 1817* suceessive loans took 
place, to the amotint of between 13 and 
14 millions ; and, another of 12 mU- 
Uons was contracted for during the 
present. But there were negociationa 
now on foot, which might produce » 
demand for a muchlarger loan. Should 
the allied armies evacuate France du-« 
ring the present year, the French go- 
vernment must liquidate all the claima 
of the alHed powers against it, for 
which purpose, it must require a loan 
of not less than twenty millions ster- 
ling.^ Nothing, he believed, could be 
farther from the wish of the indivi- 
duals who made these loans, than to do 
any injury to their country. The con- 
sequence, however, was the recurrence 
on a greater scale of the same circum- 
stances, which had rendered necessary 
the first restriction. This took place 
chiefly in consequence of the extent 
of the Austrian loan in 1795. No- 
thing could be stronger than the ex- 
pressions used by the Bank on that oc- 
casioo. When in 1796, another loan wa« 
contemplated, they resolved, «« That if 
any farther loan or advance of money 
to the Emperor, or to any other foreign 
state, should in the present state of 
affairs take place,, it will, in all proba- 
bility, prove fatal to the Bank of Eng- 
land ^ and they^ therefore, most ear- 
nestly deprecate the adoption of any- 
such measure, and solemnly protest 
against any responsibility for the ca- 
lamitous consequences that may follow 
therefrom." ict this contemplated 
loan amounted only to three millions, 
and it was stopped in consequence of 
the remonstrances of the Bank. At 
present^ besides the thirty millions 
which had been required for France, 
&ve millions bad been rai«ed for Pcus- 

Digitized by 


CflAP. 4.] 



ML Aitboogbi therefbre» he certain* 
Ij did liot wish our circulation to de- 
pend on the operations of foreign 
powers, the present appeared to him 
a most inexpedient time to create a 
drain on our resources. 

The next proposal of the minister 
consisted in a plan for the security of 
country hanks, the extebsiire failures 
of which had been productive of much 
distress throughout the country. It 
was his wisb that the restriction should 
cease on the 1st July, 1819, and that 
this plan should begin to operate a year 
after. The object was, that no Bank 
should issue notes without some pro- 
perty to answer for the payment. 
Land, from the difficulty ot its con- 
veyance, and of raising money upon 
it, was ill suited for such a purpose* 
Funded property appeared to be free 
from those objection s. Scotland, from 
the nature of its currency, and the ex- 
tent of the capital of the persons en- 
gaged in banking (which in that part 
of the kingdom were not subject to 
the same restrictions in point of num- 
ber, which existed in England under 
the charter of the Bank), had had no 
considerable failures, and enjoyed great 
advantages in the security of her pa- 
per circttlatioB. No incoaveniencies 
.could be charged against it. In Eng- 
land, however, and still more in Ireland, 
that was not the case. It was his in- 
tention to propose, that after the 5tb 
of July, 1&20, no private banker should 
issue notes in England or Ireland (for 
he would except Scotland, as the ob- 
jection against the paper circulation of 
the private bankers of England and 
Ireland did not apply to Scotland ) for 
any snm under five pounds witnout 
having made a sufficient deposit of eo- 
vemmept securities, consistine either 
of stock or of exchequer bills. He 
proposed, therefore, that it should be 
enacted, that every private banker 
should transfer into the names of the 
como^inipDers for the reduction of 

the national debt, an ainotint of stock 
double that of the nominal value of the 
notes of that description issued by them, 
or should deposit in the hands of the 
commissioners exchequer bills of equal 
value to' that issue. The cause of the 
difference which be recommended ia 
this respect was, that from the frequent 
fluctuation in the price of stock, the 
nominal value of the notes in stock 
might turn ont to be a very inadequate 
security. The interest arising on the 
stock transferred, or on the exchequer 
bills deposited, would of course be paid 
to the owners after the deduction of 
charges for naanagement. With re- 
spect to the notes to be issued on this 
credit, he meant to propose, that be- 
fore ther could be so issued they should 
be earned to the stamp-office, and 
stamped in a way that should denote 
they were so secured. Some farther 
collateral security against fraud or for- 
gery, might perhaps be deemed expe- 
dient ; but that would be a matter for 
future consideration. This plan did 
not appear to him to impose any seri- 
ous nardship on the private banker. 
He would be left without restraint in 
all issues of notes beyond five pounds 
in value. He would have all that par- 
liament thought it proper he should 
have belore the passing of the Bank 
Restriction Act. Nothing would be 
taken from him to which he could be 
considered as having a well-founded 
claim. There would still, therefore, 
be left to him a very sufficient profit. 
Many private bankers were already 
stockholders to a very large amount. 
In their case, where would be the in- 
convenience of depositing in the hands 
of the commissioners a certain portion 
of that stock i The only differeoce 
vas, that the amount deposited would 
be available only to the holder of the 
notes secured upon it, instead of being 
available to their creditors in general. 
But the safety which those among 
whom the notes veri? circulated would 

Digitized by 



EDINBURGH ANNUAL &8GI8TER, 1818. QChap. 4^. 

receivey would fiu^oatwdgh any inooft^> 
Tcnkoce to the private banker. Strict- 
I7 speaking, a banker at present had 
hardly occatioa for any capital. But 
one consequence of the proposed plan 
would be» that it would ha^e a tenden- 
cy to engage men of large property in 
banking concerns^ and to exclude those 
who did not possess an invariable se- 
curity for their creditors. They were 
placed here in an option of difitculties. 
No man would say that they ought to 
prohibit the circulation of aU paper 
under five pounds in value. A metal- 
lic currency was so cumbersome for 
mercantile dealings, that we could ne* 
yer conveniently return wholly to it. 
The question, therefore, was, whether, 
as it might not be desirable to return 
to a metalHc currency, but as it was 
desirable to have a paper as near in 
value to a metallic currency as possi- 
ble, we would allow an issue of paper 
without such a deposit as ipight secure 
the creditor against the danger of im- 
provident speculation on the part of 
the banker, and the banker himself 
against the temptation to it ? 

Mr Tiemey said, the statements of 
the right hon. gentleman were clear 
enough, but (o him far from convin- 
cing. As to the plan with regard to 
the country baiters, he could not yet 
trust his judgment so far as to offer an 
opinion upon it. At all events, it 
would throw a great hardship upon 
the private bankers. In the first place, 
their character would, after this pro- 
posal, lUnd tainted for the next two 
years. What could be the use of pro- 
posing the bill at present ? The only 
motive he could aee was, to put men 
upon their guard against the country 
bankers. He was no friend to an ex- 
tended iuue of their paper. They 
had, however, been of great service to 
the public ; and however desirous he 
might be to confine their circulation 
within proper bounds, he would not 
wish to bring odium upon them in this 
manner, or to hold them up as persons 

not to be tniited. He had read aH 
the plass which had been suggested 
for some years. This was. one of them, 
and a very hopeful one it was. There 
was an observation^ which he could not 
help making upon the subject. It was, 
that, according to this measure, the 
five-pound notes were to rest enttrdy, 
as before, upon the personal security 
of the banker and Ym individual cre« 
dit. In such a stale of things would 
any man be such a fool as to take 
five-pound notes at all from a private 
banker, while he could get one-pound 
notes with good security? No per* 
son in his senses would do it. He 
would ask, why was the measure pro- 
posed two years before it was to take 
effect ? Here was a new principle, 
which, for some reason or other, tbe 
Chancellor of the Exchequer wish* 
ed them to admit two years before it 
was acted upon. He would beg the 
House not to adopt such a principle 
upon the mere visionary expectations 
ot what was to be the state of things 
two years hence. He did not fuUyr 
understand the bearing of the thiug. 
There was perhaps no man in the 
House who did. For this reason a 
committee would be necessary, and if 
no other person in the House moved 
for it, he would. As to the Bank Re- 
striction, the right honourable gentle* 
man had pretended the greatest reluc- 
tance to propose its continuance, and 
had represented himself as only over- 
come by the strong necessity of the 
times. The right honourable gentle- 
man, one or two sessions back, had 
said that he did not entertain the small* 
est doubt that the Bank would be able 
to resume their cash payments in July- 
next. If the right nonoorable gen- 
tleman expected really that they would 
be resumed, he could assure him that 
he was the only person who entertain- 
ed any such hope. The right honour^ 
able gentleman told them that the di* 
rectors were fully prepared and willing 
to pay in cash, and that the restriction 

Digitized by 


Qbaf. 4.] 



voild oaLj eoDtinne for one year more* 
TIk ngkt honourable gendeman must 
fbrgite kim if he did not belieire one 
word of it« When July 1819 arrifed» 
it would be then said, that they might 
ai wdl cootimie the restriction for an* 
other year-i— that it would throw everv 
thing mto confasion to resume casn 
paymentt until the other fine plan be- 
gan to operate* In this manner, for 
Me year, and for many other years, 
woald the Bank Restriction be conti- 
aned. It was said, that the Bank had 
done arery thing in their power to 
prppare themselTes for the resumption 
of cash payments at the time provi- 
ded by Parliament. Qnite the con- 
trary. They had done etery thin^ in 
their power to a^d it by increasing 
thdr notes in circulation. They were 
allowed two years to make provision 
for this eventf but in place of doing 
so, they had augmented their issues 
by two miHioBS and a half. Here was 
the motuaLaccommodation ; the Bank 
hy pm'chasin^ government securities, 
raised the pnce of them, and enabled 
the Chancellor of the Exchequer to 
make flourishing speeches ; and while 
he was making flourishing speeches, 
they were oiakmg flonrishrog profits. 
The whole secret lay in the transac- 
tiona be tween the Bank directors and 
the right honourable gentleman, who 
knew very well that Uie former were 
Us mastera. •* I,'' said Mr Tiemey, 
M told him so two years ago ( and I 
nay ose the words of the poet— I 
thonght so then, and now I know it." 
[A, langhl. . Withoat the Bank ad- 
vaaoca and dealings with the right 
honourable gentkmani half his bub- 
bles would have borst while he was 
hloaring them up.— He trusted that a 
m m mittee would be appomted to in- 
^mn into the reasons for conttBuin|( 
the nstriction in a manner so suspi- 
ckms, that it seemed as.if it had hien 
dcaennined to coatltae it for ever. 
Mr Oicfllell cnltrely conoorred in 

the observations of Mr Ticmey. He 
treated with contempt all the reasons 
which had been assigned for the con- 
tinuance of the restriction, particularly 
that derived from the foreign loans. 
If a wealthy German merchant hap- 
pened to settle in this country, and 
contract for a Prussian loan^ — and a 
rich English merchant should go over 
to Paris, and treat for a French loan, 
was it to be borne, that for such a rea- 
son incalculable mischiefs should be 
endured by a whole people ? 

After a short reply from the Chan- 
cellor of the Exchequer, leave was 
given to bring in the two bills. 

These proceedings in the House of 
Commons determined Lord Lauder- 
dale, who had always paid particular 
attention to this branch of political 
economy, to introduce the subject be- 
fore the Lords. On the 20th of April, 
he moved the appointment of a com- 
mittee to inquire into the state of the 
currency. He never was more surpri- 
sed than when he heard foreign loans 
stated as the reason for continuinv the 
restriction. He should, however, show 
that this was a mere pretext, and that 
the only reason was the internal situa- 
tion of the country, created as it was 
by the measures of ministers. But 
here he could not help asking their 
Lordships to consider in what situation 
this country was placed, when tins 
great question— one of the most im» 
portant which a legislature could be 
called upon to decide-^was no longer 
to be left to the judgment of Parua- 
ment, but was made to depend upon 
the caprice of foreign powers ? Wat it 
to be henceforth a maxim, that when 
the Emperor of Austria, the King of 
Prussia, or the Legislative Assembliea 
of France, chose to undertake certain 
financisd operations, the Bank of Eng* 
land must suspend payments in cash ? 
It appeared, by the examination of the 
Bank Directors, that the gold trans- 
nutted to Austria, in consequence of 


Digitized by 




the loan of 1795, did not exceed 
500,000/. In the years when the loans 
to that power took place, the exports 
to Germany amounted to 8,000,000/. 
though usually they did not exceed 
1,900,000/. It appeared also, that 
these exports equalled all those that 
were in the same time made to France, 
Flanders, and Holland. Thus it was 
evident^ that if their Lordships consi- 
dered what had been the effect of the 
loans and subsidies of 1794? and 179^, 
they would find that the remittances, 
had been made almost entirely in goods, 
and not in bullion. If their Lordships 
wished to know what had been (he real 
cause of the restriction, thev had only 
to look at the evidence of Mr Giles 
and Mr Bosanquet. These eentlemea 
distinctly stated, that if all the advan- 
ces made by the Bank to goyernmept 
liad been repaid, there would have been 
no occasion whateyer to have resorted 
to that measure. There was a meeting 
at the Bank in October, in which the 
state of the advances to gOTernment 
was taken into consideration. The ad- 
vances to government bad apnounted to 
11,280,000/., but they were then fou4ad 
to be Induced to ^,273,000/. \ so that 
the Bank, in the expectation of beinff 
obliged to pay their notes in cash, had 
compelled government, so early as the 
ijdonth of Optober, 1797, to pay up 
about seven millions. Thus, then, 
fhere was the most full and convincing 
f*vidence, that the state of the advances 
made by the Bank to government in 
1797, wa^ the only obstacle to their 
continuing payments in cash* His 
(Lord Lauderdale's) object was to se^ 
whether the Bank issues were conduct* 
ed in that salutary manner a^ to enable 
them at any time to be called in in six 
weeks. 6ut he belieyed that the Bank 
had not sufficient left in their coffer^ 
\o effect such an operation. What with 
the twenty-nine millions of paper that 
^ad been issued and was in circulation, 
and what with the loans to governnieot 

in addition, wa« tbere mt body .wImt 
did not thmk thait the coh requisite 
for resuming cash-paymenis must be 
more than double the amount of the 
eieven millions that had been so confi- 
dently stated a# the ^um ? J^q6. xet^ 
according to the nqble Lord, the Baol^ 
was perfectly ready to pay I the go-r 
f ernment was anxious that paynaent^ 
should be resumed 1 but, on his con- 
science, he believed that those pay- 
nients were at a greater distance thaii 
ever} that the whole business was ^ 
complete juggle between the Bank and 
the government, and that the country 
was completely their dupe His Lord- 
ship proceeded next to consider the 
plan for the regulation of country 
fianl^s. He begged to be aUowed to 
say, that this scheme was contrary to 
the whole spirit of the commercial 
laws of this country \ those laws re- 
quired no other security than the pro* 
mise to pay, and the power to demand 
the fulfilment of that promise. Thi^ 
country was the most opulent in Eu^ 
rope, and had gradually risen, through 
the >yhple of the la^t century, to iti| 
present state pf prosperity, by mcan^ 
of banju of credit Consult author^ 
of any credit on the $ubject^ and they 
would tell you y/hj monetary bank^ 
of deposit were not so good as banica 
pf credit. Our system' was founded^ 
and had risen to eminence, entirely oij 
credit : when honour, probity^ and re- 
gularity, w^re the foundation of credit^ 
It was altogether inexhaustible ; be«4 
cavise, in proportion as extended com- 
merce created an extended demaad, 
the state of credit increased along witl^ 
it ; an^ if commerce Uackened, credit 
declined proper t ionably j but, under 
the system pf banks of deposit, credit 
al^ay9 failed most when there was thc^ 
greatest demand fpr it. Credit depend^ 
ed on confidence ; and if there was a 
stigpia, how could there be any con^- 
dence ? The effect of the plan wa^ 
only to make the country bankers a 

Digitized by 




meti&ce to ike Bank of Enghnd--* 
the feivoiired Bank of England. He 
ukcd how it could be said^ that the 
ittte of the circnlation did not call for 
ia^ehy, when the Bank, havhig an* 
Donced their determination to pay in 
caih all the small notes issued prior to 
lit Jaouary 1817» those notes were 
DOW at a premium of 2 per cent, and 
the two miHiont amd a half issued in 
ptyiag them had vanished from circu- 
kticm, and, doubtless, out of the conn- 
trj. What was the nature of the paper 
cdrculation, which it was intended that 
we shonhl have ? It was intended that 
we should have four descriptions of 
paper. A Bank of England paper, 
ibf which the Directors of the Bank 
had made themselves liable to pay cash 
oa demand. A Bank of England ptf* 
per, not liable to be paid on demand. 
A paper circolatmg on the security of 
deposits of stock and excheqner bills | 
and a paper circulating without any 
leanity. 8uch a circulation as this 
was reierved for the noble Lord and 
kfs colleagues to invent. His Lord* 
ship centred the having two ikie* 
tab as' a standard, and the preference 
given to gold above silver. This had 
been attempted to be justified on the 
ground of the ipagnitude of the trans- 
actioDs of this country. But the rea- 
soeng of the noble Lord was not less 
^)sitid, than if he had said, that be- 
caose we vrere the greatest manufactn- 
mg country in Europe, it was nec^s« 
tary that we should have a yard ex- 
tended beyond that of other nations, 
in proportion to the Quantity of our 
maaafactures. It might be proper tq 
coBsider what was the situation of our 
fflctaUic currency. We had a gold 
coin cntirriy without ^ seigniorage-r 
a sUfer coin, for the first time for cen- 
toiies, with a seigniorage. — ^We had, 
till the 5th July, a silver currency at 
6s. 8dL the ounce | and we had in Ire- 
land a silver currency at 7s. Srf. an 
9^ace« Our psper ciff ulatioii cou^d 

never be payable on demand, nor in i 
salutary state, while bur coinage re- 
mained on this footing. 

The Earl of Liverpool entirely 
agrreed with the noble Earl in consi- 
dering it desirable that this country^ 
should have a paper circulation, mea** 
sured by the precious metals as its 
standard, and convertible into cash at 
the pleasure of the holder. There was 
not a man in the kingdom more anxious 
than he was to see a return to cash- 
payments as speedily as possible ; and 
if he had come to the conclusion, that 
it would be detrimental to the interests 
of the country that the restrictions on 
the Bank should be immediately re-< 
moved, he could assure their Lordships 
that he had adopted that conclusion 
after the most mature deliberation, 
from a review of the particular circum- 
stances that characterized the present 
times, and with the deepest regret. 
With regard to making gold the stand- 
ard of metallic currency, this did not 
originate with ministers. Gold hadl 
become, in fact, and in practice/ the 
etaodard metal befok^ it was declared 
so in law. It had risen into this state 
imperceptibly, before an act of the le- 
gislature had sanctioned the practice, 
and made it the only legal tender for 
all sums above 25L In addition to the 
inference in favour of that metal drawn 
from general consent and practice, it 
miarht be stated that the expediency of 
making it the legal standard measure 
of value for other metals was support- 
ed by the circumstance, that it was 
less liable to Quctuation. With regard 
to the regulation of country banks, he 
considered some security indispensa- 
ble i and even among those who ob- 
jected most strongly to the present 
plan, he never met with any who dij' 
not think some check was necessary. 
At present, country banks might issue 
1/. or tl. notes to any amount, or oq 
any security ; but when the restriction 
ex|»ired, tliey woul4 be authorii^ed tq 

Digitized by 




iasiie none under 5A, oakM soole spe- 
cial regulation were made* It seemed 
umTersally agreed that this limitauon 
to 5L and upwards would be now in- 
expedient. Were we then to reptak 
the act, and allow issues of one and 
two pound notes on any security, or 
without security at all ? Let the House 
consider the history of the currency of 
country banks for the last three years, 
and the calamities that had arisen from 
bank speculations. Out of 700 coun^ 
try banks that existed in 1814», 200 
had now been swept away, and had 
disappeared, to the ruin of indiriduals 
and whole districts, and to the generd. 
injury of the agricultural and commer- 
cial interests. It was to be observed, 
that while the great crash to which be 
alluded was experienced in England,, 
not one, he believed, or perhaps only 
one bankruptcy had taken place among 
the country banks in Scotland. Thu 
formed an important consideration. 
Perhaps it was to be partiaUy attribu- 
ted to that clause in the charter of the 
national Bank, which provided that no 
number beyoqd six snould join in a 
country Bknk. To Scotland, therefore, 
tl^e act was not meant to extend. To 
the plan proposed he had heard only 
oae important objection, and that ap- 
peared to him to admit of an easy 
answer. The objeotion was this, that 
if notes of one or two paandn only 
were issued on security, the cre^t of 
notes of a higher denomination would 
be injured, as they did not possets the 
same security. In opposition to this 
prediction* he would say, that, so far 
from the deposit of securities for small 
notes being injurious to the credit of 
notes of a greater ampunt, the very 
deposit of such securities for the form* 
er would give the latter additional cre- 
dit. This opinion would be confirm- 
ed, if k were considered that double 
the nominal amount in stocks must be 
deposited for the small notest which, 
ft the usual price o£ the public funds. 

would affia-d to the holderf of the five 
ponnd notes a balance for the pavment 
of the latter. But» without uyinr 
muchstmsonthnsFgumeBty he would 
say: that .the hinders of large notes 
would not be in a worse situation than 
they were before small notes were al- 
lowed to be issued at all ; and as they 
they then took on credit, for their 
own convenience, large notes in prefe* 
rence to gold, there was no reason 
why they should not afterwards, for 
the same convenience, take them in 
preference to soiall notes. Why'flid 
people take notea at all, when they 
mignt have guineas or sovereigns, but 
because the former, when great sums . , 
wore concerned, were more easily car- 
ried, and had other conveniendes. He 
repeated, that the proposed continu- 
ance of the restriction arose from no- 
thing either in the internal state of the 
country or its foreign relations, but 
from circumstances arising out of the 
pecuniary transactions of other coun- 
tries. He knew, too, and he could 
assure the House, that the Bank had 
made most ample preparations to re-. 
sun»e cash payments, and that they 
were ready to do so. The noble lord 
doubted this fact, and had given as a. 
reason of their inability, the advances 
they had made to the governments 
He both denied the fact and the cauae. 
The Bank might have retomed to caab 
payaaiats km year, when all the ad* 
vanees they had made to g o v emm cut 
remained unpaid. If^ however, any- 
thing had happened after this to dis- 
turb public cndit, the Bank would 
have said, we nnitst draw. in oQr ad- 
vances. The government was ready- 
to pay up what it owed them, aiid» 
therefore, the advances made to go- 
vernment couki no longer be an ob- 
stacle to the resumptioas of cash pay>. 

The Mar<^ita of Lansdowne apoke 
in support of Lord Laudcrdak'tf ibo* 
rion« and wa# answered by the £arl 

Digitized by 





of Ifarrowbj and Lord Stdttouib ; 
Lord Laudodale tbeiH after a short 
repif, allowed his motion to be nega- 
tived wkhoot a division. 

Oa the 1st Ma^, Mr Tiemej re* 
-Beaaed hn pledge^ by proposing to 
tkHome m Commons a comoMttee 
of inqiiiry on tlK Bank Rcatrictkiiw 
la tb loagr aad able speedi which he 
nit OB tSM subject, be necessarily 
vat over many of his former argo- 
BCBli. He insisted now that if the 
|oa to France ^was really to be paid 
B Mf h was the Bank thai onght 
to nrstth it. Unless there was somo^ 
tJBDf in the air of this country rep uU 
pe of that metal) if cold went oat 
gold vodd come back. This was 
tlwtfcie an additional ground for the 
'osBption of cash payments by the 
Baik of England. Let the Bank of 
£tdnd send out large quantities of 
^ from their coffers ; that would 
aitfftlie rate of exchange. The Bank 
Md hare no difELcuhy in purchasing 
P^ to replenish their coffers^ thouga 
oitabdy at some loss. But the qae»* 
tioi for the House to determine wast 
■Ui was best-i-that Great Britain 
^oald lose the character for g^d 
^ vhich she had hitherto maintain* 
Aii or that the Bank shonld be com^ 
fcBed to disgorge a part of theenort 
■w profits which it had made from 
»ie coantry at krge ? Was it more 
^etBiUe that the public credit should 
^ptierred^or t^at the Bank, hamg 
'^^■olated millioais upon millions^ 
*''^ baring contributed in the 
ll^hit degtee to the national expen-^ 
^^f ahonld be enabled to persevere 
^ ^ twstem ? Sopposing diat the 
^bd ten millions of gold in their 
^^; if it. were all to go».and if 
^inre to repurchase it at a sacri« 
^ frobaUy of five per cent, that 
*°^ be on the whole a loss of half 
h^ And what of that ^ The 
^hid made t«renty*one millions 

by the ctwntiy $ and was the eoontrf 
now to be told that ita whole commer-^ 
cial system was to remam in an inju* 
rioos and unnatural state, because the 
Bank wouhi not rtlinqnish the smaU-» 
est portion of their profits i With 
a view to persuade the House of 
the expediency of inquiry, be would 
urge the little probab^ty, if tbey 
agreed without any inquiry to pass 
the right honourable gentleman's bilU 
that the Bank would ever resttmecash 
payment* If the leitriction were not 
at once rendered permanent, it would 
at least be continued from year to 

One of the prtnctpal evilaof the pre« 
aeot sy Item was, that there was nothing 
sectnre and solid m it. No man knew 
what was to come next. He was con* 
vinced that the fluctuation of the funds 
during the last eight or nine months 
arose chiefly from the uncertainty whe« 
ther or not the Bank restrictiob would 
be continued. It would be much bet« 
ter to say at once that the restriction 
should be permanent, than to go on 
year after jear extending it f because^ 
whenever it was extended for a year» 
after the first six months of that year* 
a variety of rumours got abroad as to 
the probability or improbability of the 
resumption's being insisted on at the 
end or the year, and numerous oppor« 
tumties were thus afforded for gam- 
bling and speculating. Among the 
chief speculators he must 6ay, although 
he by no means' wished to say it offen* 
si^^ly, he could 4iot help ranking the 
right honourable the Chancellor df the 
Exchequer. The speculation of the 
right honourable gentleman was, whe- 
ther or not he could keep the existing 
circulating medium of the countr^r op 
to that point to which it had attained 
by the continuance of the restriction 
on the payment of cash by the Bank 
of England. For that the right ho^ 
nouraUe gentleman lived ; he dreamt 

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•f notliing'elte i for on to keeping tip' 
the circiilation depended the wkole of 
hia financUil arrangements. 
' With regard to the bill respecting 
the country bank paper* it had excited 
a juH alalrm in the mind of every man 
in the kingdom. The effect of it, had 
it been adopted, would have been to 
irirt a great many of tke country 
bankers out of their business. For his 
party he believed the country bank pa- 
per, generally speaking, to be a sound . 
and useful currency. Nothing could 
be more objectionable than the pur- 
pose of the bill to which he alluded, 
namely, to prevent a man from using 
his own credit ih his own way. A se- 
curity was required which there ex-^ 
isted no right to require. Paritament 
had a right to prohibit the bankers 
iirom issuing one and two pound notes, 
if it was thought that their circulation 
was detrimental to the general inte«> 
irest ; but Parlian^ent had no right to 
exact any Kcurity for the payment of 
ttich notes. The number of failures 
among country banks had been exag- 
gerate, and last year there was rat£r 
a diminution. A number of licences 
||iad been given up, merely from the 
large Banks withdrawing some of their 
•i^^Mrdinajte branches* He suspected 
that bankers in London, during the 
same period, had failed for as large a 
•itm as all the country bankers put 
together. Mr Tierney then charged 
the Chancellor of the Exchequer with 
a i^an to issue government paper, fron^ 
which, indeed, these notes,- on govern- 
stent security, and with the ^ofem- 
ment stamp, appeared to him httle to 
differ. )t was natural enough for gOft 
vemment to say, ** As we can circulate 
the paper of other people, why not 
circulate our own ? why can we not dp 
this as weU as the Bank of England ?" 
The right honourable gentleman shook 
his head ; but then the right honour- 
able gentleman had two ways of sha^ 
kiog )»is headp-one was yfh9^ \ip 

thought be cdttld silence an opponent 
by shaking it, the other when he dea- 
paired of being able to carry a favour- 
ite measure. Mr Tierney finally told 
the House, if they voted as the Chan- 
cellor of the Exchequer wished them 
to vote, there would be an end, and 
there ou^ht to be an end, to the clia- 
racter oi the country. It was that 
which was at stake. Ail principle 
would be set at nought by such an ac- 
Quiescence, which would merely ahew 
tne disposition of the House to bow 
to ministiers, and to accede to any 
proposition without inquiry, however 
pregnant with unfair and dishonour* 
able consequences. 

The Chancellor of the Exchequer 
did not see the necessity of an inquiry 
to enable the House to decide a ques- 
tion, which turned chiefly on simple 
and obvious facts, of which the House 
was as completely in possession as 
the committee could be. The right 
honourable gentleman had stated, that 
the committee would have to consider, 
not the internal situation of the Bank, 
but whether any internal inconvenience 
would be produced by the resumption 
of cash payments. But he (the Chan- 
cellor of the Exchequer) thought a 
committee ought to take the counter- 
part of this proposition, and ask what 
mtemal inconvenience could result from 
the continuation of the restrictions for 
another year. As to determining the 
proper time for resuming cash pay- 
ments, the House, after the report of 
the committee, nsight not be a bit the 
wiser on the subject. The right honour- 
able gentleman had bestowed a good 
deal of attention in his speech on a^sub- 
ject not strictly before the House, and 
Wto the consideration of which he did 
not mean to enterr-n-he meant the bill 
for regubtiog the issues of country 
Banks, which was not to be proceeded 
with this session. But the right ho% 
nourable gentleman had kid down 
some propositions so different frons 

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fiitt hf (tlie Cfasncellor of tlie £x- 
cWquer) coMklered true» leeal» and 
(OQstitQtional principles, that he could 
Bot help noticing them. The rt?ht 
Imnnble genUeman had said, that 
h m Bot kgal or constitulional to 
aact 9tc\mtj from bankers for the 
cotet thrf might iitue. [^Here Mr 
T\tntj intimated across the table, 
tbt he bad said it was bad policy, j 
Hthe right honourable gpentleman re- 
tneted his Words* he o«ght to do so 
(ipiiehlj ; bnt he had unquestiooablf 
oiedio qaestioil the right of demaml- 
a^Kcofity from bankers for the notes 
vtuch they might have in circalatioif. 
It appeared to him, that the legisla« 
t«t had not only a general right to 
^cgake all the transactions of the 
onatry, bat that it had a peculiar 
ngt^ to oaU for security from those 
vbo imed a curreucr to represent tbe 
■etoffic correDcy of the country — a 
P^, ID effect, na less than that of 
oiaag, which had idwajs been held 
^ Wsog particularly to the sovereign. 
Aitotb? plan of issuing government 
P^ia the shape of stock debentures, 
^vosU repeat what he had formerly 
*li that he had never entertained 
«ch aa idea for a moment. The pro- 
?Q*O0Q had been made to him, but 
^ Mared it wholly inexpedient. 
"^^rther, under any circumstances, 
^ <iebentores might or not be ad- 
'^Wf, was a question into which 
^VM sot then necessary to enter. He 
y^ thought such a measure wholly 
*^*pe<lieBt at present, because the 
"^"•t of floating government paper 
**> already as mach as it was desira* 
* to hate at the present moment. As 
^theadnnces of the Bank to go- 
l^taeat ample provision was made 
hf Pedadng them to any amount that 
^ hedged necessary. Thefund- 
^of sixteen millions of Exchequer 
^ lad already much dioMntshed 
11^ to a greater extent indeed than 
^ Biak Ittd thought fit to require* 

How far the cfatfraeUr of the countrf 
had suffered from its paper currency, 
he would leave those ff«ntlemen who 
i^tre acquainted with the 
determine. Had my of them found 
that the character ofi this country had 
decreased there? The constant increase 
of paper circulatiou in JSln^and had 
been known for maoy yeara. Was it 
not by the aid of this papdr currencr 
that we had been abk'to subsidtxe all 
Europe, that iwe had marched triuapb* 
ant armies over tbe oomioent, thjit we 
had stood so high at the congress of 
Vienna, and that we had been enabled 
to conclude a peace the liost honour* 
able to this oountry of any that we 
had ever obtained I And now, after 
three yeara of peace, theUe wu no 
oountry in Europe of which the ft-» 
nances had improved so much-*— there 
was no other country in which any 
thing had yet been done towards re« 
deeming any part of its debt. The 
grounds on which he proposed to con- 
tinue thaiBank Restriction for another 
year were simply these ■ t he extraor* 
dinary situation of foreign couaUries^ 
and the extraordinary relatious of thb 
country towards ^ theoo, which were 
such, that no man of experience on 
the subject could deem it pradeat or 
safe to resume payments in specie at 
the present moment. 

A debate of considerable length en- 
sued, in which Lord Althorpe, Mr 
J. P. Grant, Lord Folkestone, Mr 
Frankland Lewis, and Mr Grenfellt 
supported the motion of Mr Tieroey, 
which was opposed by Mr C. Grant, 
Mr Hu^kisson, Mr J. Thornton, and 
Lord Castlereagh. On a division, it 
was negatived by 164> to 9^ 

On the 18th May, the report of tbe 
committee on the Baiik Restriction 
Bill was brought before the House. 
The opponents of the measure no long* 
er attempted to deiaand the resump* 
tion of cash payments, which must 
then have taken place in Utile more 

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than a moath. Mr Frankland Lewis 
only moted an amendment in the pre« 
amble^ by which it might be stated* 
that the delay was to enable the Baak 
to make the necessary reduction in the 
amount of their notes in oircuktioa. 
Mr Canning opposed the amendment, 
aatmplyii^ a reason which did not e3^- 
ist ; and, 2fter some discussion, it was 
negatived by 88 to 21. Mr J. P* 
Grant then mored, that the period of 
resumption, instead of 5th July, 1(^19, 
shoula be fixed at six weeks after the 
meeting of the next session of Parlia- 
ment. This being objected to by Mr 
Vansittart, Mr Tiemey moved the 
20th of March next, which, however, 
was ne^tived by 88 to 27* 

On the 19th May, after a short con- 
versation, the bill was read a third 
time, and passed. 

The biU having now gone tlirough 
the ordeal of the House of Commons, 
had not much to dread in its passage 
through the Lords. When, however, 
Its commitment was moved by Lord 
Liverpool on the 26th May, a debate 
of considerable length ensued. The 
only novelty consisted in the promi- 
nent part taken by Lord Grenville, 
who reprobated tlie principle of the 
bill more forcibly than any of its form- 
er opponents. Even at the commence- 
ment of the last war, he thought it a 
matter of great impolicy to acquire, 
not a facility of supplving the wants 
of the country, but to burthen it with 
a dreadful difficulty, to which its re- 
sources could not be ecjual but by the 
greatest sacrifices. Satisfied as he was 
then, and confirmed as he was now, 
that there never had been a more fatal 
measure than the commencing and con- 
tinuing the suspension of cash pay- 
ments to which he alluded, he looked 
with the greatest anxiety to the time 
when we shonld be again free from 
that clog. He was one of those who 
fondly credited the promise, that all 
restriction should cease on the 1st 

July next. He confidently bdieved 
that Parliament had given the country 
a sacred pledge^ which nothing but 
the most urgent necessity, such as a 
general failure of the Bank at least, 
could tempt them to forego. He con- 
sidered the measure as a mere booir and 
mark of indulgence to the Bank of 
Engknd, to pay their creditors in 
notes depreciated five per cent below 
the nommal value. He was confident 
that the princfpal, the sine qua turn 
cause of all our calanuties, arose front 
the extensive issue of bank paper, and 
the ruin consequent on the depreciation 
of that issue. To that, more than to 
any other cause, must thousands in 
every rank of life, in the highest cir- 
cles of commercial and agricoltn- 
ral enterprize, and the lowest sphere 
of laborious earnings, attribute the 
sufferings they had so grievously ex- 
perienced. To that was to be ascribed 
the tears and wants of families reduced 
firom comfort to dependence, and the 
distress, which, embracing all orders, 
from the highest to the lowest, had 
almost ground to destruction the mid- 
dle classes of society. The pretence 
now urged for a fartner suspension had 
never before been heard of. Because 
foreign princes were raising loans in 
their own countries, the renewal of 
cash payments in this was to be farther, 
suspended ! He denied that the late 
loan in France of fifteen millions had 
produced the effect attributed to it by 
the noble Earl : neither the raising of 
that sum, nor indeed of any sum in 
the present year, could have had the 
effect of altering the exchanges, or of 
raising the price of gold, at least to 
the extent asserted ; for it was noto- 
rious and obrious to the most superfi- 
cial, that where payments were to be 
made by one country to another, they 
were made in that commodity which 
it best suited the interest of the coun- 
try paying to send. The proportion 
paid in gold was exceedingly small. 

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and could have no effect od the coin re« 
qtiired for circuladoo. — The meatnre 
was also opposed by the Marquis of 
Lansdowne^ Lord Lauderdale^ and 
Lord Kin^ ; and when it came to the 
vote, Lord Lauderdale moved that the 
restrictioD should expire in six weeks 
after the meeting of the next session 
of ParCaroent. The amendment vras 
negatived hj 22 against 9. The Earl 
of Lauderdale prote«t«d against the 
aecood reading. At the thii3 reading, 
on the 27tby he moved a new preamble 

to the hilly and afterwardi, that the 
restriction should continoe till either 
gold or silver should be made exclu« 
sively a legal tender of payment, or 
the relative value of these metals pro- 
perly adjusted. Both amendments were 
negatived. Lord Holland moved, thac 
the restriction should oeate in the event 
of ^Id MUng to SL 17^* M. an oonoe, 
which was alio negatived. Lord Lan* 
derdale protetted against the rejection 
of his amendment!. The bill was read 
a thiid timei and passed. 

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Sir Samud R-mxUy on the Jet against privately Stealing in Shops.^-^Sir i/. 
Mackintosh on Bank Forgeries, — Cotton- factories' Bill. — Chimney Svoeojers^ 
Regulation Bill.^Convtction of Offenders' Bill. — Alteration in the Game 
Laxvs4 — Mr Taylor's Motion respecting the Northern Circuits.'^Lord Er- 
shine on jirrest, without Indictment, in Cases ofLibeU 

NoTRiKO does more honour to the 
present spirit of the British public 
and of its legislature, than the active 
exertion bestowed upon question s« not 
connected with the power and in flu- 
ence of the country and of its rulers, 
but with the concerns of private life* 
and the general well-being of society. 
This attention is not directed only to 
the brilliant and conspicuous members, 
but^ with a great preference, to the 
meanest and most outcast portions of 
the social system ; those whom the 
pride of a former age was wont to 
trample under foot. It has extended, 
even in a peculiar manner, to those 
whom the world and its law had hi- 
therto placed beyond the pale ; who, 
having committed offences against so- 
ciety, were considered as its natural 
enemies, to be crushed in whatever 
mode might be deemed most effica- 
cious. It was now inculcated, that 
justice ought no longer to wear a vin- 
dictive aspect ;. that the severity of 
former enactments ought to be sof- 
tened ; that not vengeance, but the 8e« 
curity of society, and the reformation 

of the criminal were to be the objects 
in view. Questions may arise whe- 
ther, as often happens to human in- 
experience, some oi the arrangements 
made with these benevolent views 
may not tend to defeat the very ob^ 
jects for which they were intended. 
W hen our leistrre admits, we may per- 
haps attempt to point out some such. 
One thing, however, seems certain, 
that some diminution of the punish** 
meht of death, so indiscriminately in- 
Ficted by the early law of England/ 
is indispensably called for. Even sup- 
posing the ancient rigour eligible in 
Itself, modem humanity refuses to ex- 
ecute it ; the law is rendered nugatoryir 
and the criminal escapes altogether. 
To remedy this evil has, both in the 
present and preceding years, beett the 
study of several eminent statesmen, 
who have justly nfterked the esteem of 
the pubHc. Some elements of faction 
may have mingled with their zeal ^ and 
some may have been tempted to ex- 
tend the popularity thus acquired by 
other less legitimate methods. Ge- 
nerally speakings however^ we find on 

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Chap* 5.)] 



focli qoettionf a laudable coDfution of 
parties aod political antipodes oftea 
ranged closefj hj the side of each 

On the 25th February, Sir Samuel 
Romilly moved for leave to bring in 
a bill to repeal so much of the act 
of the 10th and 11th of WiUiam III. 
as took away the benefit of clergy 
from persons convicted of stealing to 
the amount of 58. in any shop or ware- 
house. The identical bill for which 
he was about to move» had passed ihs 
House of Commons four times ; twice 
in that Parliament, and twice in its 
predecessor; and, on the last occa« 
sion, he might sa^ unanimously ; not 
a single word having been uttered in 
opposition to it. It tiad always, how-^ 
ever, been stopped in the other House. 
He began with observing that the law, 
in its present state, had for some time 
back been completely a dead letter. 
From 1805 to 1817, a period of IS 
years, 655 persons had been indicted 
lor the offence under consideration. 
Of these, only 1 15^ had been capitally 
convicted, and of those 113, not one 
had been executed ; 365 of the 655 
had been found guilty b^ the Juries 
before whom they were tried, of sim« 
pie larceny, by which the capital part 
of the charge was taken away. It 
was evident, therefore, either that these 
365 persons had been improperly char* 
ged whh a capital offence, or that the 
juries, influenced, no doubt, by feel- 
logs of humanity, had, in 365 cases, 
violated their oaths. He would also 
mention how the case stood with re- 
gard to the act making it capital to 
steal to the amount oMOs. within a 
dwelling-house. Within eight years 
down to 1816, no less than 1097 per- 
sons had been tried for this offence. 
Of these, 293 only had been capitally 
convicted, and not one had been exe- 
cuted. In 1816, 131 more persons 
bad been tried, of whom 49 had been 
capitally convicted, and one (whose 

▼0t.zr. PARTI. 

case was accompanied by ctrcumitanccs 
of great aggravation) executed. So 
that, of 1228 individuals tried, 342 
only had been capitally convicted (the 
juries either acquitting the 886, or 
finding them guilty of stealing to a 
less amount), and only one person exe- 
cuted! Was this a state of the law 
which it was desirable to continue? 
In these cases the principle wa^ to 
enforce the law only in cases of pecu- 
liar aggravation. There were other 
cases, as fraudulent bankruptcy and 
forgery, in which it was the principle 
always to put the law in execution, 
unless under circumstances of pecuhar 
extenuation. The consequence then 
was, that although not a year passed 
without a number of fraudulent bank* 
ruptcies, there had been, in the course 
of S5 years, only four capital convic- 
tions for this offence. In forgery, 
the vast multiplication of cases had 
at length induced the necessity of 
abating somewhat of the original ri- 
gour. A discretion in this respect 
was lodged with the Bank of England, 
which, he believed, was judiciously 
and humanely exercised. But the con- 
sequence yras, that the uncertainty of 
punishment which this occasioned, de« 
stroyed all the advantages that might 
be supposed to result from the stve« 
rity with which the law was generally 
enforced. The fact was, that forge- 
ries had greatly increased. Nothing 
could be more certain than that if the 
sanction of the law was insufficient to 
prevent the crime, it was calculated to 
produce the wojrst effects. There was 
not pnly the loss of lives, but the de- 
terioration of moral feeling, which 
such exhibitions were calculated to 

The motion of Sir S. Romilly being 
seconded by Mr J. Smith and Sir J. 
Newport, leave was given to bring in 

At the third reading of the bill, on 
the 14th of Aprfl, the Attoniey-Ge- 

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neral moved an alteration of the pre- 
amble, which set forth, that extreme 
seventy was calculated to obtain im- 
punity for crimes. To this principle 
he did not object, but he objected to 
the consequences of such a declara- 
tion of it. It might mislead men into 
a supposition that punishment ought 
to be proportioned to the precise de- 
gree of moral turpitude. He con- 
tended, that severity ought to regard 
not only the moral turpitude of the 
offender, but the pernicious conse- 
quences of his offence. There were 
crimes which might be committed with 
a degree of monl depravity, far short 
of that which prompted offences of a 
venial character, but which on account 
of the consequences, merited next to 
murder, the greatest of all crimes, the 
severest punishment. He objected al- 
so the clause referring to the change 
in the value of money, which seemed 
to establish the principle that every 
part of the law connected with such 
a variable circumstance should like- 
wise undergo an alteration. 

Sir S. Romilly could not agree to 
an amendment, which went to expunge 
the very principle of the bill, a prip- 
ciple founded on long experience. He 
mentioned an instance which had taken 
place at the last Old Bailey sessions, 
in consequence of a belief which had 

fone abroad that pardon was never to 
e extended to servants who had stolen 
from their masters. A person of the 
name of Milwood was tned for having 
stolen property to the amount of 
several hundrea pounds from his mas- 
ter. The evidence was conclusive, and 
the jury convicted him, but they found 
him guilty of stealing to the value of 
39 -shillines. Could any man doubt 
that the jury, in this case, retnmed 
' such a verdict in consequence of the 
statemeht in the newspapers, of the 
resolution of the judges that death 
should follow upon a verdict of guilty 
-of stealingto tbie value of 40 shiungs > 

He did not mean to blame the jury, 
although he could not adopt the lan- 
guage of Judge BlaQkstone, who had 
pronounced such verdicts, •* pious per- 
juries.** The jury were driven to the 
dreadful alternative of acting in op- 
position to the awful oath they had 
taken, or of handing over a fellow-be- 
ing to the last punishment^ for a crime 
which had not been regularly connect- 
ed with such a punishment. The 
change in the value of money appear- 
ed to him equally an unquestionable 
ground in reason for the alteration. 

Mr Wilberforce warmly supported 
the measures of Sir S. Romilly, pass- 
ing at the same time a high panegyric 
on the benevolent exertions of Mrs Fry 
in reforming the class of female pri- 
soners in Newgate. The amendment 
was then negatived, and the bill passed. 
When, however, on the 3d June, it 
was brought before the Lords, it ex- 
perienced the same inauspicious fate 
as before. Being opposed by 'the 
Chancellor, it was negatived without 
debate and without a division. 

A still more important subject was 
brought before the House by Sir 
James Mackintosh.. The great and in- 
creasing number of convictions and exe- 
cutions for forgeries on the Bank had 
excited a deep interest throughout the 
nation. Public opinion was shocked 
by their frequency, and called loudly 
for some remedy. Such was the task 
undertaken by this eminent statesman. 
On the 25th February, he moved for 
an account of the prosecutions for for- 
gery for 14 years before and 14? years 
after the restriction of cash payments 
at the Bank in 1797, and also for the 
number of convictions and executions 
at each period. After a short conver- 
sation, the amount was ordered, both 
with regard to the forging of notes* 
and the counterfeiting the coin of the 

These accounts being laid before 
the Honie on the 21st Aprils Sir J. 

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Chap* 5.;] 



MaddetiMfc moved* in additioo> for 
sccoudU of, 1ft, The Ttlne of forged 
notes presented to the Banks between 
Isl January 1816 and 10th April 1818; 
8d, The number of prosecutions for 
forgery, or uttering forged notes, in the 
same pei^od ; Sd, The nnrober of notes 
discovered by the Bank lo have been 
forged; and,4th,Theexpence incurred 
by the Bamk in prosecutions for forgery. 
All these were granted without op^ 
position, except the last, which was 
represented as an unjustifiable interfer- 
ence with the private transactions of 
the Bank. Sir James, however, said, 
he was prepared to shew, that the 
present system of our paper currency 
bad created an enormous public evil ; 
that it bad tainted and corrupted the 
morals of a large class of people ; and 
that it had occasioned an increase of 
crime with a rapidity unexampled in 
the history of law, and of civil society. 
How, then^ was it possible to consider 
the money laid out by the Bank in 
prosecuting crimes of which they them- 
selves were the real authors, as a pri- 
vate expenditure, of which Parliament 
ought to have neither the inspection 
Bor the control ? Even from the scan- 
ty materials obtained, it appeared, that 
m the seven years prevous to the 
suspension of cash payments, the Bank 
bad not instituted a sin|^le prosecu- 
tion for the forging their notes, and 
that for the seven years 8ubK<luent to 
that event, they had instituted 222 • 
prosecutions. Was not this a fright- 
ful leap, and only to be accounted for 
in one v^y ? The calculation, of course, 
excluded the year 1797, as being that 
N IB which the measure of suspension 
was resorted to. In the fourteen years 
previous to the suspension, there bad 
Men only four prosecutions. In the 
feuiteen years subsequent t6 that mea- 
sore» there had been no less than 469 ! 
In the twenty*one years previous to 
ihc suspension, there had been only 
a prosecotioiis ; while in the twenty- 

one years subsequent to it, they had 
increased to 850. The proportion was, 
therefore, as 6 to 850; and he would 
ask, whether the history of the criminal 
law of this, or indeed of any other 
country, afforded a parallel instance of 
so great, so sudden, and so permanent 
an augmentation of crime ? It had 
been urged, that the increase of pro- 
secutions by the Bank had tended to 
diminish those by the mint ; and when 
it was proved that the latter had in- 
creased also, it was then said, that this 
fact shewed a general increase of de- 
pravity. But the increase of mint pro- 
secutions had been gradual ; while 
those by the Bank had made the above 
sudden and tremendous leap. In vain 
had it been attempted to repress this 
crime by the severity of punishment. 
On the contrary, the more the pro- 
moters of capital punishments cried 
Hang I hang ! hang I the more the of- 
fence was committed, and the more 
numerous were the offenders execu- 
ted. It must be confessed, that the 
machinery of the Bank was most per- 
fect for the protection of its own in- 
terests. The Bank, within four years, 
had had 100,000 forged notes present- 
ed it ; all of which they had imme- 
diauly checked, except 199 which 
they paid, but all which they after- 
wards recovered. Sir James observed, 
that the punishment of forgery was 
peculiarly odious, from the number of 
weak and dependent individuals who 
were easily seduced and almost com- 
pelled into it. He feared to embitter 
the execution of a public duty— but 
it was due to his conscience to say, that 
the convictions of women at Warwick, 
at Lancaster, and at the Old Bailey, 
must fin mankind with a deffree of in- 
voluntary horror. It was &mentab)e 
that the courts of justice, which were 
established for the protection of the 
people, should become hateful; yet 
this might be the case without a single 
fault on the part of those who ad> 

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ministered the laws, when the laws 
themselTes were ill-judged. To see a 
father, a wife, a daughter, and sons, 
convicted en masse for such crimes as 
these, might be just, might be neces- 
sary^ might be legal, but would be 
abominable. The Bank, he observed^ 
had brought their machinery to per- 
fection, so far as related to the disco- 
very of forgery bv themselves ; but 
the object and the difficulty was to put 
such marks on their notes as would be 
recognized by the poor and ignorant. 
Since the Bank must incur expence» 
they would rarely rather pay it to 
artists for improving the character of 
their notes^ than to spies and informers 
for detecting the guilty, and perhaps 
entrapping the unwary. It was tn 
this view that he wished to know the 
ezpence incurred in prosecuting. Con- 
sidering the enormous increase of these 
prosecutions ; considering the number 
of persons employed, who deprived 
men of their innocence, that they might 
afterwards deprive them of their lives ; 
considering the many instances of this 
kind, some of them detected and ex- 
posed by the intrepid and indefad^ble 
benevolence of his honourable friend, 
the member for Shrewsbury (Mr Ben- 
net,) he thought it desirable, that aome 
of the particulars of the Bank prosecu- 
tions should be laid before the public. 

Mr Manning insisted, that there had 
been more prosecutions by the Mint 
than by the Bank. The Bank had 
bestowed the utmost attention on eve- 
ry plan submitted to them for impro- 
ving their notes } and if all hitherto pro- 
posed to them had been rejected, it 
was because, after the most deliberate 
consideration, they had been deemed 
inadequate. He hiid no objection to 
the first motion $ but die vnsh to know 
the expence of prosecutions, appeared 
to him to betray a desire of prying in- 
to the private concerns of the Bank. 

The Chancellor of the Exchequer 
conceived, that the giving of the nuiA* 

bers of ' prosecutions and convictbna 
would answer every reasonable pur* 
pose, and that there then would fa^ no 
necessity for a stateiAent of the ex- 
pences the Bank had incurred in the 
conduct of prosecutions, in the view 
of a just and moral consideration of 
the subject. It appeared, that the hon. 
and learned gentleman had suspicions, 
that the Bank had recourse to the 
abominable practice of employing spies 
and informers, in consequence of the 
supposed amount of their ex pences for 
prosecutions ; and that they paid hu-ge 
sums of money for the treacherous 
practice of inveigling individuals. He 
believed that such suspicions were 
wholly unfounded^ as far as they re- 
lated to so respectable and honour- 
able a body as the Directors of the 

After some short observations from 
Mr Bennett Mr Alderman Wood^ Mr 
Grenfell, and other n^embers, the mo- 
tions were carried without a division. 
The ministers and Bank Directors* 
notwithstanding their objections to 
that relatingr to the expences of pro- 
secution, did not attempt to divide the 
House affainit it. 

The above accounts being present- 
ed^ Sir James, on the ISth May, rose 
to move for a committee of inquiry 
into the means of preventing the for- 
gery of Bank of England notes. From 
the accounts now laid before the 
House, it appeared, that the expences 
of prosecutions for forgery,, on the 
part df the Bank of England last year^ 
were 80,000/. ; in the present year, in 
which prosecutions had made such gi- 
gantic strides, in the three months of 
which returns had been made, the ez- 
pence was within a few hundreds of 
20,0001. The general avemge struck 
him as extremdy alarming. It was 
265/. for each individual prosecuted* 
In former years, the fomries had been 
chiefly confined to smalfnotes ; by the 
last returns it apptared» that a propor-^ 

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CflAf . 5.] 



tionate increase of fergieriet for larger 
notes bad now occurred; — a melan- 
choly proof, that the skill and bold- 
ness of the criminals in the forgery of 
small notes, had tempted them to try 
their fortune on large notes. Sir James 
continued to urge afresh, with great 
force, all the arguments which he had 
brought forward on a former occasion. 
The Chancellor of the Exchequer 
rose, he said, not to depreciate the 
importance of the subject before the 
House, but to recommend what ap- 
peared, to his mind, a more effectual 
node of attaining the object in view 
than that propo^ by the hon. and 
learned gentleman. To investigate this 
subject would require a decree of pa- 
tient research and scientific know- 
ledge, mcbich was not, he with all de- 
feraioe apprehended, to be looked for 
in a committee of that House ; and, 
therefore, lie thought it more advisa- 
ble to have such an investigration con- 
ducted by a special comnussioUf con« 
sitting of^ fully qualified persons, and 
having an opportunity of consulting 
the first artists in the country* He 
therefore proposed to move for the 
aj^pointment of such a commission. 
Many advantages would belong to 
such a comnaission» which could not 
appertain to a commjttee of that 
House ; for, while the labours of the 
committee must be limited by the du- 
ration of the session, those of the com- 
mission would be subject to no such 
limiution. He fully admitted the 
greatness of the evil, and the import- 
ance of erery thing possible being 
done to reflMoy it ; at the same time 
that the statements of the hon. and 
learned mover appeared to him some- 
what exaggerated. Forgery was al- 
most as much known and practised 
long before the present day as it was 
new. In the middle of thus last cen- 
tury, the number of persons executed 
for forgery were greater, in a given 
period of time, than they were in the 

same period of late years. In the years 
1749-50-51, and 1752, the number 
of persons executed for forgery in 
London and Middlesex amounted to 
19, and in the last four years the num- 
ber was only 18* He spoke here of 
various kinds of forgeries, for he had 
not data sufficient to state the parti- 
culars. The late accounts were more 
accurate. In the years 1811-12, and 
181S, the number of persons executed 
for forgeries in the united kingdom 
was 110 ; and, in the last three years, 
the number did not exceed 91* The 
sanguine expectations entertained from 
the resumption of cash payments were 
refuted by the great increase of the crime 
of coiniufir. The number of persons 
indicted ror coining, in the years 181 1- 
12, and 1813, amounted to 392; and, 
in the years 1815-16, and 1817, they 
>^ere as high as 624>. 

Mr Bennet congratulated the Chan* 
cellor on his prudence in not opposing 
the motion* The crime of forgery, so 
far from beipg diminished, was increas- 
ing to an alarming extent* From the 
very paper sdluded to by the right hon. 

fentleman it would be found, that, in 
811, 43 persons were indicted for 
forgeries on the Bank, or uttering such 
notes; in 1812, 67; in 1813, 95; ia 
1814, 63 ; in 1815, 71 ; in 1817, 162 ; 
and in the first three months of the 
present y^, 112* He would say, 
that the number of criminals was so 
excessive, that government dared not 
put the sentence of the law in execu* 
tion on those who were convicted* 
But the Bank had assumed to itself 
the right of dispensing with the law, 
by omitting the capital part of the 
charge against whom they pleased, and 
bringmg them up to plead guilty to 
the smaUer offence. Thus, it appear- 
ed, that no less than 200 persons had 
pleaded guilty, in three years, of ha- 
ving ior^sd bank notes in their posses* 
sion. In the middle of the kst cen* 
tury, those persons would not haie 

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been suffered to plead griiiltT,l>iit would 
aU have been executed if cooTtcted* 
Therefore, the right hon. gentleman's 
principle was erroneous. Was it right 
that the Bank should decide on who 
was to suffer capital punishment ? At 
the last sessions for London, 12 per- 
sons were sentenced to H years, trans- 
portation, and two, one of whom was 
an unfortunate woman, had been se- 
lected to suffer death. By whom were 
they selected ? Not by the Judges. 
The solicitor of the Bade hdd up the 
Est of prisoners, and said that those 
numbered so and so were the persons 
to be tried for the capital offence. 

Sir A. Pigott strongly defended the 
Bank Directors, and considered the 
charge against them as rery unjust. 
He found himself called upon, when 
he heard such charges brought against 
a body of men whom he knew not to 
desenre themr— he felt, that it was a 
justice which he owed tb^m, and which 
be regretted he had so long delayed to 
render, to say, that they had • done 
their duty to the public ; and that the 
■accusations of negligence in looking 
out for the means of prevention, or 
severity in calling for punishment, or 
caprice in selecting the objects of it, 
were unfounded. He was sorry to 
hear it said by an hon. gentleman, that 
it was left to the solicitor of the Bank, 
however respectable that individual 
might be, to determine on the objects 
of capital prosecution. This was a 
misrepresentation that was not in the 
least countenanced by fact. No such 
discretion was entrusted to the Bank 
solicitor. He received hit instructions 
from the direction, like any other law 
agent in a similar situation, with regard 
to individuals ; and it was his duty to 
follow those instructions, laying the 
prosecution^ which he was directed to 
mstitote, before the proper Court. 
The Directors themselves examined 
the circumstances of every particular 
case, and proceeded according to the 

whidi such an investigation sug- 
gested. When in doubt or difficulty, 
they asked the opmion of counselr— 
though, in such cases, they did not 
apply to their regular counsel, — and 
were guided by t& l^;al adrice they 

Mr Canning conceived there could 
be but one opmion in the House as to 
the necessity of devising some means 
to check the eviL It was quite im- 
possible, he observed, for the Bank to 
communicate to the country the pri- 
vate marks by which they disting^h- 
ed genuine from forged notes, because 
this information womd immediately be 
acted upon by the forgers. To pre- 
vent forgeries, it seemed desirable that 
something more artificial and more ela- 
borate in its execution should be pro- 
vided. All came to this at last, — that 
the bank note would be less likely to 
be forged, if it were, like one of Ra- 
phael's pictures, or the Venus de Me- 
dici, so finely executed, that imitation 
was almost hopeless* Stimulated as 
talent would be, by the rewards that 
he anticipated the inquiry about to 
be undertaken would hold out to suc- 
cessful exertion in this way, he thought 
it would be a disparagement of the art 
of engraving not to look forward to 
a considerable, if not to a decisive im- 
provement. At the beginning of the 
session he might have prekrred a 
committee, but now the proposed 
commission appeared to him the most 
eligible. Wishmg, that what they did 
should not go merely to allay a tem- 
porary clamour, or to xcite a falla- 
cious hope,— -wishing that to be done, 
which would confer a substantial and 
lasting benefit on the country^— be 
should vote for the amendment. 

Sir James Mackintosh was happy 
to observe, that all sides were agreed 
as to the necessity of some inquiry. 
His friend. Sir A. Pigott, had been 
mistaken in supposing that any ]>er- 
sonal charge was insmuated against 

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Chap. 5.3 



the 9^ Director!, U^ough the fe- 
kction made by them could not fail 
to create distrust in the public. It 
was s^d, that h^ had exaggerated the 
a)crea$e of forgeries, and a compara- 
tive atatementc? crimes was produced 
to countenance the assertion. The 
^ausibilitj of this statement rested 00 
the nuqaber of executipns for forgery^ 
Bot upon the number of convictions^ 
a&d much less of prosecutions. He did 
not confine his view of the case to the 
Bomber of executions alone. He had 
called the attention of the House to 
the prosecutions instituted on the 
ground of forgery for twenty-one 
years previous to the Bank restrictiouf 
and for twenty-one years subsequent 
to it. In the former period* there were 
only six pro9ecution8^ while in the lat- 
ter the number amounted to 860. Du- 
ring the fourteen years immediately 
preceding the restriction the prosecu- 
tions were but four ; in the following 
fonrteen years they were 404. He saw 
no reason why a committee of the 
flouse of Commons should not be en- 
trasted with any secrets necessary to 
be communicated in such an inquiry 
as that proposed. He could not be- 
lieve that the House deserved so se- 
vere a censure as to say, that twenty- 
one of the gentlemen who composed 
it were not to be trusted with secrets 
referring to this subject. He saw no 
reason for delay in the appointment of 
a committee. The only objection to , 
it was such as ministers alone could 
create, by an early dissolution of Par- 
liament. All that was necessary might 
be done in a month. An investiga- 
tion by coounission would not, he was 
convinced, remove the distrust and 
jeabusy of the public. They really 
believed that there was a compact be- 
tween the Bank and the government ; 
the appointn^nt of a commission 
would then appear to them nothing 
more than the selection of individuals 
to try their own friends. The public 

could exDf ct nothing from such a com- 
mission out subserviency and collu« 
sion. The report of a committee 
would produce quite a contrary im- 

Eression. Such reports were of the 
ighest value; they conveyed at all 
times most useful and important in* 
formation | they kej>t up the charac* 
ter of the House, and tended more 
than any thing else to support the re- 
spect of Parliament. They were now 
called upon to desert their functions^ 
and to delegate them to a commission 
chosen by toe crown, of which it was 
their duty to be jealous. If they did 
not maintain towards the crown a 
proud but respectful attitude, and to- 
wards the people one of protection 
and support, they would injure their 
own character, — they would fall in 
the confidence of the country, — and 
alienate from theniselves that respect, 
which it was desirable by all means to 

The vote being now called, the 
amendment of the Chancellor of the 
Exchequer was carried by a majority 
of 106 to 62. After some discussion 
on minor points, the main question 
was then carried. 

Another plan destined to prevent 
or diminish certain evils to which a 
numerous body in the lower ranks is 
liable, occupied a large share of at-* 
tention during this session. In the 
cotton manufactories, which form now 
so extensive a proportion of British 
industry, a great part of the work is 
performed by children of a very ten- 
der age. A class of labourers thus 
employed, not voluntarily, nor for 
their own behoof, must be exposed to 
considerable oppression. The spend- 
ing almost their whole time in a con- 
fined situation, and in an employment 
little favourable to hea,lth, cannot but 
be unfavourable to the formation of a 
vigorous constitution. Tender and 
careful parents will indeed study to 
prevent their ciuldren from sustaining 

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this u^ttiy ; but beddes the inevitable 
temptations of poverty, it has, we are 
informed, been too common for disso- 
lute parents to support themselves in 
idleness and debauchery by the exces- 
sive and premature labour of their chil- 
dren* It was therefore contended, that 
this unfortunate portion of the British 
youth should be taken under the pro- 
tection of Parliament, and some kind 
of limitation placed upon the degree 
of labour to which they should be sub- 
jected. Such a system certainly bor- 
ders upon an interference with the 
freedom of labour, and upon that ten* 
dency to overlegislate^ with which the 
present age has been reproached ; yet, 
though both these are bad, there do 
seem in the present case to be special 
and urgent circumstances, sufficient to 
justify and even to dictate a certain 
extent of regulation. 

The subject was brought before the 
House on the 19th February, by Sir 
Robert Peel who^ in a series of desul- 
tory debates, was supported by Mr 
Peel, Mr W. Smith, and some other 
members, and opposed chiefly by Mr 
Philips, Lord Lascellcs, Lord Stan- 
ley, and Mr Finlay, His proposition 
was, that the time, if spent in the fac- 
tory, should be restricted to twelve 
hours and a half, of which one and a 
half should be allowed for meals, lea- 
ving eleven hours as the entire period 
of labour. He observed, in Manches- 
ter alone 20,000 persons were employ- 
ed in the cotton manufactories^ and in 
the whole of England about three 
times that number. The business was 
of a peculiar nature, requiring of ne-* 
cessity that adults and children should 
work in the same rooms and at the 
same hours. It was notorious that 
children of a very tender age were 
^ragg^ fi^m their beds some hours 
before day light, and confined in the 
Victories not less than fifteen hours | 
and it was also notoriously the opinion 
of the faculty, that no children ot eq^ht 

or nine years of age conU bear thst 
degree of hsirdship with impuni^ to 
their health and constitution. Mr 
Peel also observed, it was proved that 
children were empbyed there fifteen 
hours a^ay, and after anr stc^paffey 
from five in the morning tifl ten in the 
evening — seventeen faours^ and this of* 
ten for three weeks at a time. On the 
Sunday they were employed from six 
in the morning till tvrehre, in cleaning 
the machinery. The medical men ex-- 
amined by the committee were some 
of them related to manufoctnrers, and 
well acquainted with factories. It 
was on evidence, that children had . 
even been employed at an age as early 
as five^ and some were employed im* 
der the age of seven. Could any per- 
son say, that a child of seven years of 
age ought to be employed fourteen 
hours ? Was it necessary to have the 
evidence of medical men to prove that 
to employ a child of seven years of 
age was unfavourable to health ? At 
the second reading, Sir Robert saidt 
in 1802, he told the House that he 
was an advocate of free labour. He 
was still an advocate of free labour, 
and he wished that that principle 
should not be infringed on. He ooold 
not think that little children, who had 
not a will of their own, couki be caE- 
ed free labourers. They were either 
under the control of a master or a pa« 
rent. He hoped the House would 
take these children under their protec* 
tion. If ever there was a case which 
deserved the attention of every mem- 
ber of the House, the present was the 
case. Mr Peel said, it was objected^ 
with a show of plausibility, that it 
was improper to interfere with free 
labour ; but from the age of the chSk 
dren, and from the situation of the 
factories, their labour could hardly be 
said to be free. The masters of tlie 
cotton mills fixed the same hours of 
labour for all the persons employed^ 
and a diild could not say» that he 

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wooU not work nine hours ; he nratt 
work the ordiiMiy Dumber of hottrt, 
or not ftt iIL He was satitfied that a 
mmiber of miBf were well inansred» 
hot he repeated, that it was for those 
which «veie improperiy managed, that 
kgisktioii was meant. After a mini- 
W of desultory obsenrations, it being 
reaan-ked that the hill was creeping 
throagh its varions stages without any 
legnlar debate baring taken plaee, one 
wu appointed for the 87th April. . 
Its advocates then urged, in addition 
to their former arffuments, liiat numer- 
OQS pedtions had been presented to par- 
liament* praying that that time might 
he shortened { and more especially one^ 
fiom Manckcster, proceeding from 
pcnons wholly uniotetested, except 
mm nM>ttvea of humanity | among 
which persons wore SO medical men» 
aad 91 dergymen. Humanity was 
the only motive by which these indi* 
Tidoals could be influenced, for ther 
luui no ccMinexion of any kind wiui 
the cotton factories. There were pe- 
titions praying' for the same object, 
firom the ^lioners themselTes ; and 
even from some of the master manu- 
hi xu vi n t he sole motive of most of 
whom must be, a benevolent wish to 
alcviate their situation. Indeed Mr 
P.hdieved that tkt number of master 
nanufoctttftrs who supported the bffl 
was greater than that of those who 
oppottd it, and that many of them 
were even anxious that its provisions 
dwnld be extended to^adults. It was 
obrimia to every person who had ta« 
kea tho trooUe of ivfleoting upon the 
soli^ecty that human nature, at so ear- 
ly aa age, was not capable of bearing 
such excessive fatigue as must arise 
from IS to 14 hours' uomterrupted 
Isbour. It could have no other emct 
tlMn to destroy the constitution of 
rMklicii, and to prevent them from 
hrmnMng healthy and useful subjects; 
The principle of iaterference, though 
ia general to be avoidody was constant* 

ly acted upon ia' cases wMdi appear- 
ed to present an exception from ordi« 
nary efflployments. Now, did the cot- 
ton trade present such an exception as 
cidled for the application of this re-* 
medy ? He thought it did, and for this 
reason— it was carried on in immense 
buildings, in many of which more thsn 
1000 children were kept at work, 12, 
14, and sometimes 15 hoars a-day«— 
no distinction being made between the 
child of the tenderest age and the most 
grown, or between the imbecile and 
the strong. These children were 
obliged to work the same hovrs as 
men $ and if, in manufactories where 
the average time of working did not' 
exceed 12 hours, from accidents which 
stopped the mill, they lost a few hours, 
they were obliged to fetch them up 
by ** extra time," and this imposed 
upon them occasionally the necessity 
of working 15 hours in one <ky. • The 
numbers employed in the cotton trade 
wM another of Its peculiarities. If the 
evil were a small one, then legislativa 
interposition might be necessary, on 
the maxim, de tnhtmis non curat lex, 
but here the evil was confessedly great, 
for in Manchester alone not less thaa 
11,600 children were employed in this 
tnide. The parents had no objection 
to this measure. It appeared they 
were wiMing that the hours of labour 
in each day should be limited to eleven | 
but they had no alternative, as the 
matters said they must either remove 
their children altogether, which they 
could not afford to do, or they muK 
let them work li or 14 hours, m tha 
men did. It was said, ** they came 
as early to school as the other chfl* 
dren, except in some of the evemogi 
of the winter months." This expb- 
nation afforded room for much const* 
deration. Was it not disgusting to 
see that education, which was intend* 
ed to be the greatest of blettings, con* 
verted into a anrse by this mode of 
oompeHing the children to try aad 

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tml thenuehts of tt» tftor tlditeeii 
hours and a half of fatigue* when» 
throoghout the day« labour bad draiu- 
ed from them every spring of action 
that could refresh their faculties, and 
bf nivnbed that dasticitj of mind which 
could excite them in the pursuit of 
study ?«— was it not disgusting to see 
tbem thus transferred, after 13 or 15 
hours of bodily exertion^ to close the 
day under the hands of a writing-mas- 
ter ? It was impossible that it could 
bs requisite to the prosperity of this 
great and flourishing country that such 
enormous labour would be exacted 
of near twelve thousand children in 
one town* Those who spoke of the 
unhealthiness of cotton mills were an- 
sewered by some honourable members, 
who seemed to think, that of all the 
healthy spots on the face of the globe, 
a cotton mill was the most healthY- 
Indeed, if all that these honourable 
sierobers said of the healthiness of cot-, 
ton mills were true, application ought 
to be made to the legislature for th« 
erection of cotton miUs, for the pur* 
pose of further and more effectually 
providing for the health of his majes- 
ty's liege subjects* 

Against these arguments the oppo- 
nents of the measure maintained, that 
there was no proof of any evils that 
toM justify legisbtive interference* 
Mr Fblay warned the House against 
entertaintogaoy measure, which went, 
like the present, to interfere with a 
maaufacture of such vital importance. 
It was the most important ever esta-^ 
blishcd in thii country; indeed, he 
• beheved, it employed nsore people 
than all the other manufactures of 
the country taken together* The 
exports from it exceeded 20 millions 
a^ear; and what was exported was 
not equal to what the home consump^ 
tioB was. The whole amount of the 
mtmificture' was little short of 40 
milUons a*year. In opposition to the 
aUeged unheakbf nature of the em^ 

ployflseBt 9n the cqKqh A^oriei^ it 
was stated by Mr Finlay, that in July 
131 7» the whole number of pot^pons ia . 
the Manchester infirmary amounted 
to 870 1 of that number, S5 only weie 
from the cotton factories* Now* 
the number of persons in Manches- 
ter, engaged in the cotton factories 
amounted to 24,000, while the po^a» 
lation was between ninety and a hun* 
dred thousand. There was» thepefoi% 
the nM>st complete evidence of the su« 
perior health of the persons engaged 
in the cotton factories, to that of xhit 
other inhabitants. Lord Stanley ad- 
mitted that great abuses had oqce pre- 
vailed as to the treatment of childrea 
in cotton manufactories. They bad 
been frequently removed undc^ the 
conduct of parish officers, against their 
own will and thut of their nearest coiu 
nexions, to some distant manufactory, 
and bound apprentices in troops to 
those with whom they and their pa^ 
rents were totally unacquainted ; and 
they expe^enced in their fuU rigour 
all the severities of such a system. 
The cotton trade was not then what 
it was at present. Those who were 
engaged in it at that time, were anxious 
to procure, in a short time, immode- 
rate returns from their capitals. In 
pursuance of that object many abusee 
crept in with respect to aoprenticeap 
to prevent which, it was judged expe- 
dient to pass the Apprentice Act* out 
it could not be denied, that a great 
amelioration in the system had since 
taken place. The bill now before the 
House, however, stated, that the Ap« 
prentice Act was no\/ insufficient, but 
from what reason he did not know« 
As to the general opinion that the 
cotton trade was so far more unwhole* 
some than others as to call for the in- 
terference of the House, of that there 
was no proof* Water-gilding wae 
very permcious to those employed ia 
it, yet it was not under the operatioo 
of any legislative restriction. The 

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bf^ly bnkibnout. Childreo> how- 
ever, were employed in it> though ex- 
posed lo violent beets and drafts, of 
air. Gbss»cotti]ig also was unhealthy. 
The work was carried on in damp 
places ; people of tender age were cm« 
ployed in ic, but yet, in none of these 
CMes did the legislature think it ne- 
cessary to interfere. Was the wea- 
WDg trade less unwholesome than the 
ooitea ? And were not children put 
lo it at an early age» and kept as long 
at work ? The weaver was pent up in 
aloocy doscy confined cabifl> and oitea 
obliged to work upon a damp floor. 
Working people were exposed to the 
vidsikudea of excessive heat and cold» 
to damps of everv kindt and to every 
speciea of bodily ufirmity, in the coil 
nd lead mines, and yet nobody ever 
called for such legislative eQactn&ents 
in the manaseraent of those concerns^ 
X«ord Lasce&es observed, that mills 
worked by water could be in opera« 
tioa only at particular times, and that 
to prevent extra work at those times 
voold be a very serious disadvantage. 
The labour as at present followed, 
was undoubtedly, in his opioiooy free 
labour, as he did not know how the 
parent was to be separated from the 
child by any mode of legislative inter- 
ierence, and as free labour it should 
uadoubtedly be allowed to continue. 

At the close of the debate, the mea- 
ante was carried in the House of Com- 
mons by a majority of 91 to S6. The bill 
was introduced by Lord Kenyon io- 
to the Upper House. It was strong* 
Iv opposed, however, by Lord Lau^ 
oeidale, who insisted, that such an in- 
leiierence was contrary to every sound 
piaciple of poUtical economy. He 
m particular urged, that evidence 
should be taken, and counsel heard 
00 the subject. This was seconded 
by the Lord Chancellor,' who decla- 
red, that he had never seen evidence 
on which a legislative measure could 

with io Itttle proprie^jr be foao4ed 9$ 
that hitherto collected. Lord Liver- 
pool, on the other hand, strongly sup- 
ported the bill. He admitud, indeed» 
that much of the evidence was contra- 
dictory ; but wjiatever might be pro* 
duced by the counsel at the bar, this 
he should be prepared still to nuda- 
tain, that if the maximum of childien'a 
work in the factories in Question was 
seventy-two hours a-week, and this 
was admitted by the counsel at the 
bar, then, in spite of all the testimony 
that might be brought, he would as- 
sert, that it was morsJly impossible 
such labour should not have those io« 
jurious efiFects which called for the in- 
terference of the legislature. — X^rd 
Lauderdale's proposition, however, 
was finally earned. The report was not 
brought up till the 5th of June, whe* 
Lord Kenyon stated, that in so late n 
period of the session, he. considered il 
pecessary to postpone the further con- 
sideration of the bill. Lord Lauder* 
dale triumphantly insisted, that the 
evidence was fully sufficient tojustify 
such a resolution ; but Lord iLenyoo 
denied having received any such im- 
pression, and pledged hipMelf to bring 
forward the subject at an early period 
of the ensuing session. 

A bill was also brought in this ses« 
sion for the regulation of chimney* 
sweepers and their apprentices. Its par* 
licular object was to prevent the ea[|« 
ploy men t of boys^ the effects of whidh 
had been manifest and truly terrible* 
Mr Bennet, who introduced the billf 
stated, that within even the last year, no 
Jess than five fatal instances had occur- 
red to shew its character. One of these 
in England, and another in Scptlaod, 
had been attended with circumstancefof 
peculiarly aggravated cruelty. In Xioil* 
don, with a view to save fud, the fluea 
.w«re often no more than seven or eight 
inches in diameter, and consequenuyt 
in order to clean such chimneys, it be- 
came necessary to employ children of 

Digitized by 


106 EDINBURGH ANNUAL REGIffTER, 1818. [Chap. S. 

the teaderest age. For that porposey 
indeed, chiidreo of less than seven years 
of age were often employed, nay, fo- 
malechildreo were actually soeogagedra 
some instances.— The biU was brought 
IB, and ordered a first tkne on the 9th 
Febroary. On the 18tb, when a pe« 
tttiott was presented from York in its 
hwaur, Lord Milton obsenred, that 
there were many chimneys in the me- 
tropolis which could only be swept hj 
boys, and would be rendered useless hj 
the passing of the bill. He proposed, 
that only some particular encourage* 
ment should be given to the use of ma-* 
dunery, and a heavy tax be laid on the 
employment of cUmblng-boys. Mr 
Bennet, however, maintained, that 
those who had such chimnevs could 
well afford to alter them ; that they 
were, in fact, the most dangerous, and 
those in which chiefly the acddenta 
had happened. The bill, however) 
passed the House of Commons, and 
was introduced by Lord Auckland in- 
to the Lords. After, however, it had 
gone through the different stages, and 
was come to the third reading. Lord 
Auckland announced his intention of 
proposing its postponement till next 
•essioo. He did not at first expect 
that any thinff could have occurred to 
have induced him to postpone a mea« 
•are, the object of which was to put 
an end to a most severe labour so un- 
tiaturally imposed on children of a ten- 
der age ; but the investigation which 
had taken place in the committee, pro- 
ved the necessity of a delay, to wnick 
he was rductantlY bound to accede. 
In the course of the investigation be*- 
fbre the House, it appeared, that there 
were many in the trade who treated 
the children very humanely i but others 
were guilty of the greatest crueky: 
and the condition of the children em- 
ployed was, on the wh<^, very miser- 
able. A modified bill had been sug- 
gested I but his opinion was, that an 

end should be put to the nlKdetysten. 
Though the evidence vmis in aoaie 
points contradictory, it was on the 
whole greatly in favour of the aboli^ 
tioQ. An address had beeen -voted by 
their Lordships, for the purpose of 
causing an experiment as to the prac* 
tieability of using itiachinery, to be 
made by the surveyor-generaL That 
experiment had already commenced oq 
a very extensive scale, and sixty of the 
most difficult chimneys had been swept 
without any failure. The result of tne 
experiment would afterwards be con- 
si4ered, by a board composed of brick- 
layers and masons: but it was obvi- 
ously impossible that this inveatijra. 
tion could be brought to a condusioa 
during the present session. On that 
account he could not now press the 
third reading of the bill ; but the de- 
lay would give farther time to the pub- 
lic for preparations to meet the change 
of practice, and might smooth many 
difficulties which otherwise would have 
occurred. The bill vrould be intro- 
duced eaHy in the next sesMon, with a 
full confidence of success in the accom- 
pUshoaent of a measure which would 
prove not oaly beneficial to the indi- 
viduals who were the objects of it, b«t 
to the whole community. 

Mr Bennet, on the 3d of Mareh^ 
brought forward another bfll, of wbidk 
recent examples had too fully proved 
the necessity. The report of the Po- 
lice Committee, with several flagrant 
examples which had occurred in the 
courts of justice, had proved, that the 
reward of iOL granted to those instn^. 
mental in the conviction of offenders, 
had a tendency to produce the very 
worst efiecta. There could, Mr Bed^ 
net said, be no question that a number 
of juvenile offenders were permitted to 
roam at large, and to proceed from 
one stage in crime to another, till they 
were, as it vras technically called* 
*« worth their weight'* — that was, iOf^ 

Digitized by 


Chaw. 5.2 



iteribg. It was atated in eiMencet, 
that, on tiiaby the first qnestton fire-^ 
qneatiy put to police-officers and wit- 
nesaes wm, what they wotdd gam by 
the convictton ? and by this means, 
persons^ of whose giult there could be 
oo doubt, were mquend^» from the 
diffiailty of obtainmg witnesses, ac- 
miitted; because witnesses felt their 
diaractera assailed by the sort of oues- 
tions which were put to them, and be- 
cause this blood-aaoney hung like a 
stone about their necks. Another 
Rason for remedying the system was, 
diat it led to conspiracies for procu-^ 
liag people to commit crimes, to ob- 
tain the reward for their conviction* 
He was convinced he was not ezag« 
gcrattag when he said, that it had been 
a loQ^r estaUished practice in this coun- 
try, for individuals, day after day, and 
year after year, to stimulate others to 
the comoiission of crime, for the pur- 
pose of potting flooney in their pockets 
irf their conviction. It was his inten- 
tion to propose, that what were tedu- 
aically called Tyburn-tickets, should 
be contiDued ; and that the reward of 
40L should still be paid to^the execu- 
tors of auT persons kiUed in the pur- 
soit c^ hignwaymen, or the executors 
af persons kiOcd in discharging their 
doty in seizing of criminals, on whose 
convictioa the reward was payable.^— 
fiat insCead of the rewards on convic- 
tbn, payable by the 4th, 6th, and 
10th, of William and Mary, the 5th 
of Queen Anne» and the 14th and 15th 
of George IL he intend^ to propose, 
that there should be assigned money 
fior^he cxpences of prosecuting, and 
bringing forward witnesses, in aU cases 
of fdony whatever, whether a convic- 
tion did or did not take place, at the 
discretion of the judges. 

The bill was then brought in, and 
passed through its several suges ; but, 
m its recommittal, the Attomey^Geno- 
nd proposed all aflsendment, wnich was 

not certainly to abolidi the feward or 
revrards due upon the trial and con* 
viction of an onender, but simply that 
it should henceforth be left to the dis-»' 
option of the judge or justices of as* 
size to apportion such compensatioii 
as might appear fit, or even to refuse 
it altogether in the same case. When 
men mid no longer a right to claim 
the rewards, they would lave no temp* 
tation to conspiracy ; and, on- the other 
hand, there would remain a due en* 
couragement to those who exerted 
themselves vrith honesty for the ap* 
prehension and conviction of offniders. 

Sir Samuel RomiUr objected to the 
clause, as rendering tlie bill in a great 
degree nuffatory, since it still left the 
reward, owy with a discretion to wkh* 
hdd or apply it. In Binmngfaam^ a 
case had lately occurred, whereia po- 
lice-officers had earned 120/. by the 
conviction of three boys. Rewards 
had the necessary e£Fect of warping the 
evidence, and of inducing informers to 
give a cobur to their testimony, cd- 
cttlated to aehieve their object in the 
conviction of the prisoner. The sya« 
tern, besides inducing persons to ooih 
spire against the lives of innocent in^p 
dividuus, created in witnesses an eager- 
ness for the conviction of the prison* 
ers quite revoking* The nearest re* 
latives were seen not unfrequently per* 
juring themselves, to obtain the re* 
ward by the death of their kinsfolk; 
and he had himsdf known a case, where 
a father had evinced the most shock* 
ing anxiety for the conviction of his 
own son. There was another dread* 
ful evil attending this system, that po* 
lice-officers, in the metropolis, and 
other large towns, were anxious to sop- 
port nurseries of crimes, in hopes that 
those poor creatures, entrapped by 
themselves, might eventually become 
profitable to t&m. 

The same opiaion was expressed bj 
Sir James Mackintosh t nocwithstiiid- 

Digitized by 



ior ivbtefat die anKndmtiit wt$ carried 

WnhoOt t dlTlBiOD. 

The game-lawt had for some timt 
been the subject of nmch discussion in 
I^liament. The high and aristocra- 
tic principles which thej* breathed 
trere repuenant to the fedmgs of the 
age, and the spirit of the British con- 
stitution. Yet the interest and pride 
of the landed proprietors fgrmed a 
strong barrier against any mitigation 
of their severity* After all that was 
said against them, therefore, the mea- 
sures actually taken had tended only 
to arrest, by new penalties^ the rapid 
proffress of poachin?. Such was the 
tendency of the bill introduced* this 
year by Mr G. Bankes, which propo* 
sed to make it penal to purchase game, 
as it had already been made so to sell 
it* He expected the support, not of 
those members alone who were anxious 
to protect the game of the country^ 
but of those also who were solicitous 
to diminish the number of ol^nces 
connected with the unlawful destruc* 
tion of game. Most of these offences 
would he got rid of, if the legislature 
could effectually prevent the buying 
aad selling of game ; for it seldom nap* 
pened that poachers killed game for 
•aatenance, or for the mere gratifica^ 
dOn of their own t|Mtes. 

Mr Curwen, however, insisted, that 
the proposed measure only tended to 
Make the game-laws still more odious \ 
and while the present oppressive and 
unjust code ot laws existed, it was 
vain to think of putting an end to the 
crimes which they Kcneratedr 

By a majority, however, of GQ to 
^ leave was given to brinfir b the 
WL . 

On the Oth of May, at the second 
mdtnsr of the bill, the question came 
to be fully argrued. 

Mr Bankes hesitated not to declare 
himself inimical to the whole system 
eftfaf game4aws. A ivport had beeo 

made to the Houac on ^e gaaie4twa, 
in whidi there vras a recomaocDdatscm 
to make game private property. That 
report had been laid on the table of 
the House two years ago^ and had as 
yet produced nothhig. When any 
member should bring forward a com* 
prehensive measure founded on this re* 
port, he should be willing to agree to 
the repeal of all the game-bws ; but, 
so long as they exbted, their opera« 
tion should be nude uniform, wfanch was 
the object of the present bill. He 
had beard it objected to this bill, that 
if it passed, as game could not be af- 
terwards bought, the class of contu- 
aers, who now purchased it, would 
have no means of obtaining it. He 
did not see the force of this objection* 
Game not found in the market would 
be sent to town as gifts, and the tables 
of the rich might thus be as amply 
supplied as before. If there was any 
thing enviable in the situation of a 
country gentleman, as connected with 
this species of wealth upon^his esute, 
it veas the power of making presenU of 

fame to his friends. Some poulterers 
aving been prosecuted, stated, that 
they could not have incurred the pe^ 
nalties had they not customers, who 
would be their customers only so loag 
as they could supply them with game. 
His bill, therefore, by prohibiting die 
Durchase of game, would protect thb 
helpless class of persons. 

Mr Curwen, however, opposed the 
measure with the same vehemence aa 
'Cver, observing, ** the misery and suf- 
fering produced by the game-hwscall 
imperiously on the legtskture to re- 
move them from our statutes, rather 
-than to ado^t any meMure which may 
increase their number. The cure of 
this evil will require a very different 
remedy. I would eatreat the House 
to pause before it h prevailed on to 
take any step calculated to extend 
more i^Idely the ome and wfttqbed- 

Digitized by 


CflAF. 5«^ 



Hess produced by the kws b questiofi. 
The House cannot have forgotten, 
that it was in proof two sessions a^ 
by the papers on your table, that 1200 
persons were immured^ in various parts 
of the kingdom, for offences against 
the game-laws. Did not this disclo- 
sure shock every unprejudiced man 
within and without the walls of this 
House?— The legal criminality and 
fatal consequences which spring from 
these offences call loudly for preven- 
tion. The ruin and di^treds that over- 
whelm so many poor families, are per- 
haps the least oi their calamitous ef- 
fects. The contamination of morals, 
contracted in prisons, leads to the com- 
mission of every species of crime. — 
Does any one suppose, that poaching 
can be suppressedwhilst the game-laws 
remain as they are ? It is hopeless to 
look for obedience to laws, which, by 
a great proportion of the higher or- 
dm, as well as by the whole of the 
subordinate ranks in society, are re- 
garded as oppressive, tyrannical, and 
unjust — trenching on the rights of the 
many to favour the few. The poacher, 
however obnoxious to the sportsman, 
suffers nothing in moral estimation 
whfle his depredations are exclusively 
confined to game — no turpitude is at- 
tached to the offence — ^public opinion 
holds the game-laws in detestation* 
Nothing, in my opinion, would con- 
tribute more to the cojnfort of coun- 
try gentlemen than a total and radical 
dumge in the game-laws. The temp- 
tation which will be held out by the 
wealthy, for procuring that which is 
' deemed a luxury, will defeat any pe- 
nal^— atiy punishment we can inflict. 
If the bill should work at all, it would 
be highly injurious to the country. — 
Believing, as I do, that it will be either 
nugatory, or will give^reatrt* faciliti'es 
to the conviction of Inferior offenders 
only — in either view I am hostile to 
' ftit measure : I would not consetit, Ibr 

one, to any step that coiild hftvie the 
least tendency td perpetuate the gtnML 

Sir^. RomiUy, however, said, he 
could not see how, when ^ the House 
refused to make it legal to sell game, 
they cotdd hesitate to punish the buy^ 
ing of game. It would be st^nge^ 
when it was not legal to seU game^ 
that it should be le^l to buy game. 
"What would be said if ther were to 

Sunish persons guilty of theft, and yet 
eclare the receivers of stolen goods 
to be perfectly innocent ? If no per- 
sons bought game, no persons would 
sell game. Under the system of the 
game-laws, it was not considered any 
violation of honour or morality to buy 
the game, — and as to the procured 
and sellers, their punishment was felt 
not as a disgrace, but excited sympa- 
thy among the people at large. Among 
the higher orders, the bws were vio- 
lated with little compunction, to ob« 
tam the desired luxury, though the 
utmost rigour in imposing penalties 
was exerased against the lower. 

The second reading was carried by 
a majority of 116 to 21. 

The bill was introduced into the 
House of Peers by the Marquis of 
Caernarvon, who ODserved, that with* 

* out approving the principle of the 
game-laws, he considered it certain, 
that no means could be found 6f tho- 
roughly remedying them ; and thought 

' that, in their present-state, they ought 
to be made consistent with themselves. 
Their penalties oueht to attach equal- 
ly to the rich and the poor. Lord 
Lauderdale, however, observed, the 

' bill was so framed, as to render It 
impossible that any evidence of the 
commission of the offence should be 
obtained. How could there be any 
evidence of the offence, if the buyer 

' and seHer were both equally, guilty 

• in the eye of the hw ? The utt- 
tmtural ^tfte of the game-h#8 pro- 

Digitized by 



4iioed a oonrtiotdetire to nokte them* 
InltgiilitiDgy the first thing always to 
be considered was, whether the mea- 
tore proposed was practicable^ Did 
not their Lordships know that there 
was in this country a nnmerous body 
of fiinded proprietors as rich as landU 
•d proprieton? These men had no 
manorial rights i but they possessed 
wealthy which gave them the command 
of erery thing they could desire for 
their table ; and with what they desi- 
fed they would, doubtless, be supplied, 
in spite of all the laws which could be 
enacted. It was absurd to suppose 
that men of great fortune could be 
prevented by laws from obtaining any 
of the luxuries of life. — The Lord 
Chancellor was of the same opinion ; 
but Earl Grosvenor, disapprovmg of 
the £^e*laws, thought he must in the 
interun rote for the present bill, on 
the principle, that the receiver was as 
bad as the thief. Lord Holland also 
•upported the bill, which was carried 
by a majoritT of S3 to 9. 

Mr Oj^le luought in a bill for the 

. auppression of rambling. London, he 
laid, contained not less than a thou- 
aand gambling-houses, from which the 
most dreadful mischiefs arose* As 
the main object of the. bill was to ap- 

. ply the sptem of licenses to gambling- 
houses, which at present are altoge* 
thcr illegal, it was obsenred to have 
rather a tendoicy to extend the evil ; 
and Mr Ogle at length agreed to with- 
draw it. 

Under this head we may with pro- 
priety introduce Mr Michael Angelo 
Taybr's motion reapcctinjr the As* 
sizes in the Northern Circuits. It was 
brought forward on the 17th Febru- 
ary. He said, every member of the 
House knew, that, throughout the 
three kingdoms, with the exception of 
the counties of Cumberland, North- 

, umberland, Durham, and the town and 
county of Newcastle-upQn«Tyae» there 

w?re regular. gaoUdelivcries twice a- 
year, as courts of asshce, and sittings 
at Nisi Pritts, were held twice a*year 
in the different counties, vrith the ex- 
oeptioa of those mentioned. Wfaj 
those counties wete deprived of the 
privileges enjoyed by the reit of the 
country, he was at a loss to deter- 
mine. Those counties were as rich* 
as weU-peopled^ and as deserring of 
protection, >s any other part of the 
kingdom. It was well-known, that in 
the northern counties many persons 
had been in prison for the last three 
months, to take their trial, not at the 
next spring, but at the next summer- 
assizes. Thus a number of persons 
vfert to be confined from niae to eleven 
months, before their guilt or innocence 
could be ascertained. In cases where, 
for instance, a landlord had occasion 
to eject a tenant^* if any objection were 
taken to the judgment of the Court, 
and a new triu was granted, two years 
at least would ebpse before the q«es« 
tion could be decided. Though the 
population of these kingdoms waa 
double the population in me reign of 
Queen Elizabeth, and though the pro- 
perty of the country was more than 
fourfold what it was then, jet there 
was no farther provuion made for the 
distribution of justice at present than 
there waa at that period. There wete 
twdve judges then, and at present 
there were^ no more. No provision 
had been made for the increase of po« 
pulation, and consequently none for 
the increase of crime. Though mil- 
lions were squandered away on trifles^ 
the substantial paru of the constito* 
tioo were left unprorided for. The 
honourable gentleman then exphiaed 
his plan. There was, he observed, an 
officer belonging to the Court of Ex* 
chequer, who might be made a most 
useful person to promote one of tbe 
objects he had in view. This officer 
was the Cursitor BanMu It was a «U 

Digitized by 





had fetipcd firoMa legal or in&kl ma- 

itioM whnmA^ aad was almost always 

fiUtd by tnen of taknt. At present, 

the daty of Uie Curskor Baron was 

ktle aaofe than to receive tlie slieri£Es 

I when they came down, and to examine 

. their aecovats. He thoncrht, that if this 

. officer were iove^od with t he power of 

la vadge^ not to sit in Bank, but to pre- 

frdde at the Old Bailey, and go the dr- 

rant, it woald BMWt materially cootri* 

I hate to the prompt administration of 

jutice^ and wonlof at the same time, 

be attended with Tery little additional 

npcnce. The salary of the Curaitor 

Bma waa, he behered, at present 

lOOOIL a-year, which, if taised to the 

uad salary given to the puisne judges, 

aenkl not be considered as a great ex> 

Moe, when the advantages to result 

nass it were taken bto consideration. 

He woold aleo propose, that an officer 

■■ilar to the Cnrsitor Baron should 6e 

iitached to the Court of King's Bench, 

lith power» save that of sitting in 

Bsak, to that of the other judges i— 

thst his duty should be to ta£e biil, 

it St Niai Prtns, attend at the Old 

Bailey, and go the drcoit,— and also 

to hour caaee of Nisi Prins in term. 

The two officers he had mentioned 

aeoU he able to take a considerable 

priom of the trouble on themselves, 

■iwouhl io turn relieve the ji>djD[es 

hia the kboura of the circuits. The 

ctpttee, he should again preM upon 

the House, would be triflmg, when 

tMipufied with the important advan- 

^ which woold result from it. 

xhe Attomey.General objected to 
^ iBotbn, because he thought it 
V^igfat fbfward too suddenly altera- 
ioai whidi required the most serions 
^•HtiaiiiM before they were made, 
^ because the honourable mover had 
>^<va no grounds to prove that any 
•"Wjfency eiisted which would ren*. 
fetthe paposed alteration ioMnedU 

VOL. XI. PAET. f. 

atdy Becassarr. As the motion then 
before the House went suddenly to 
aker a longr and established mode of 
administering justice, and that too 
without any sufficient cause being ad- 
duced, he thought it his duty to move 
the previous question. &irC. Monck, 
however, supported the motion ; and 
Lord Castlereagh, though he thought 
the House was not prepared to enter 
into the subject, saia that it would be 
ptvmature to address the throne on so 
important a point as a change in the 
constitution of Westminister Hall ; yet 
he did not mean to dissent from the 
proposition, that it was proper some 
alteration should be made. He did not 
mean to imply that it was not desi- 
rous that there should be an admini- 
stration of justice in the parts which 
the honourable gentleman had men- 
tioned, twice a-year instead of once i 
but he thought that, instead of the 
motion he had made, if he had mot ed 
for an inquiry, it might have been pre- 
ferable. Mr Taylor had jumped to 
his conclusion at the very outset | and 
by adopting the previous question, 
they would not be neglecting the mo* 
fion, but merely disapproving the man- 
ner in which it had been put.— Mr 
Taylor then consented to witndraw his 
motion, and to move, next day, for a 
committee of inquiry, which was then 
agreed to. 

On the 2Sth April, Mr Taylor 
brought up the Report of the Commit, 
tee on the Northern Circuit. It fully 
confirm^ his representations, stating 
that the business of the assizes in this 
part of the kingdom was great and 
yearly increasing ; that thtre appear- 
ed no reason why there should be on- 
ly one circuit there, while there were 
two in the rest of the kingdom. Great 
inconvenience and delay thence arose ; 
so that, by way of remedy, the plan 
of bringing actions in other counties 
was often resorted to. On consider- 

Digitized by 



ing these circamsUDces, it appeared 
desirable, that the present Northern 
Circuit should be divided into two se- 
parate circuits, one comprehending 
Westmoreland, Lancaster, and Cum- 
berland ; the other York, .Northum- 
berland, and Durham. 

Mr Taylor being thus fortified by 
the opinion of the committee, brought 
forward, on the 26th May, a motion 
for an^ addrec(s to the Prince Regent, 
humbly requesting, that the benefit of 
an assize twice in the year should be 
extended to the northern counties, and 
engaging to make good any expence 
which might be necessary for this pur- 
pose. Lord Castlereagh, however, ob- 
served, that any change in the admi- 
nistration of justice was too serious a 
matter to be made precipitately ; that 
admitting the evil to exist, great dif- 
ference of opinion prevailed as to the 
remedy which might be most advan- 
tageously applied to it. Time was ne^ 
cessary for consideration ; and he beg- 
ged the honourable gentleman in the 
meantime to withdraw his motion. Mr 
Brougham concurred in this recom- 
mendation. He thought that such a 
measure should^eceive the concurrence 
of all the three branches of the legis- 
lature ; that the judges ought to be 
consulted, and that time for consider- 
ation was absolutely necessary. Mr 
Taylor complained that he had been 
formerly told that the House should 
wait till the facts had been stated $ the 
facts had now come, and he was again 
desired to wait till some other oppor- 
tunity should occur. Did the noble 
Lord and the honourable gentleman 
opposite recollect, that if they adjourn- 
ed this question, the next circuit would 
be left exposed to the same evils and 
inconveniences, the same denial of jus- 
tice ? He finally, however, agreed to 
withdraw his motion. 

On the 2d of June, Lord Erskioe 
brought forward, in the House of 

Lords, a proposition of some impor* 
tance, havug for its object to prevent 
arrest in cases of libel before the find- 
ing of an indictment. He had evi- 
dratly in view at once the case of Mr 
Hone, and the circular letter of Lord 
Sidmouth. His Lordshio began by 
expressinfl^ his surprise, that on the 
first mention of this bill, a decisive opi- 
nion against it should have been given 
by the Lord Chancellor, in a manner 
so opposite to his usual character. By 
nature a man of talents, from educa* 
tion a schc^r, and bred from hb very 
youth in the study and experience of 
all its possible transactions, nobody 
could be better qualified to decide in 
tfai^ forum with the same rapidity as 
he did the other day here on the sub- 
ject now before us— yet how often does 
he there pause, and r^-pause, consider, 
and re-consider— and why ? From the 
justest and most amiable of all motives 
— He even runs the risk of sometimes 
appearing undecided and dilatory, nu 
ther than mistake the rights of the 
meanest individuals^ in the most incon- 
'siderable concerns, whose interests are 
in his hands. He denied having any 
virish to protect those who made a 
trade of defaming the government. <* I 
consider, and always have considered^ 
a systematic defamation of public mea- 
sures and public men as a very great 
calamity. Libels of that description 
must always more or less exist in a free 
country, but they can only be kept 
under and rendered odious by the de- 
termined support in Parliament of the 
acknowledged principles of the con- 
stitution, and by a liberal and manly 
confidence in the good sense and affec- 
tions of the people.'' He admitted 
that there were decisions in favour of 
the practice arraigned ; but, said he, 
*• I have always had a feverish jealousy 
upon this subject, and a great horror 
of that kind of law commencing in ac- 
knowledged usurpation, but growing 

Digitized by 


Chap. 50 



op at last into SQch pnctice, by in* 
cauttoas decbiofM» and negligence in 
parliamentary revision, as to make it 
dangerous to root it out without the 
direct authority of the statute. When 
open to two constructions the courts 
must indeed decide, but when open to 
one only the statute is then a solemn 
record of the law, which ought always 
to be conclusive authority in the teeth 
of any number of decisions which naay 
oppose it." His Lordship then made 
a survey of the most eminent law au- 
thoritiesy endeavouring to prove that 
they were in his favour upon this point. 
He condemned the conductof ministers 
in prosecuting writings on the pre- 
tence of irreli^on, when the real mo« 
tive consisted m the attacks contained 
in them on their own measures. '* The 
government of God, and the sacred 
truths which support it, cannot be un- 
dermined or overthrown ; but the go- 
vernment of man must be supported, 
or it will fall. No man can hold in 
higher detestation than I do any irre- 
verence to the sacred Scriptures, nor 
to the sublime offices of our church, 
which are built upon them through- 
out ; but unless the law had declared 
such publications to be specifically li^ 
bels, It became difficult to maintain an 
intention to ridicule them, when the 
obvious and palpable intention was, to 
ridicule the political state. I have no 
difficulty in saying, as a general oh- 
$eroationt that I consider systematic 
and indecent attacks upon Parliament 
and the administration of government 
or law as gi^at evils and calamities. 
All abuses may be exposed, and all 
the principles of our constitution vin- 
dicated, without evtn the risk of the 
author's being questioned as criminal. 
Libels, however, of this description 
have always existed, and ever must, 
niore or less, in a free country ; but 
the surest way to put them down in 
England is, to render them odious and 
disgusting to an enlightened and af« 

fectionttte people, by constantly ad- 
hering to the free principles of our 

The Lord Chancellor expressed a 
hope that his noble friend would not 
persist in pressing the measure, at 
least in its present form ; for though 
it was evident from the arguments skd- 
vanced, that his intension was to limit 
its operation to the case of libels, its 
enactments would extend- to prevent 
arrests before conviction in all cases 
whatever. The House would do well 
to consider seriously before they agreed 
to 'a law declaratory upon this subject, 
without taking any opinion of the 
judges to assise them. That House, 
which was the dernier, would not sure- 
ly resort in all cases of law to make a 
new enactment without first having 
some question argued in the courts be- 
low to shew the necessity of their in- 
terposition. When the House found, 
that between the time of Queen Anne 
and the present period, there had been 
128 cases in wnich the judges in the 
Court of King's Bench, as magistrates, 
had held to bail in cases of libel, would 
their Lordships at once declare the 
practice illegal, and proceed to declare 
against it ? The libels' to which his 
noble and learned friend had referred, 
were the grossest he had ever seen. 
Their blasphemy was in itself sufficient 
to constitute them libels. Lord Hard- 
vricke, when Attorney-General, had 
maintained the same doctrine. He had 
declared, that the Christian religion 
was a part of the law of the land, and 
that an attack upon it was therefore 
to be regarded in the nature of a libel. 
The biU which had been introduced 
by hilB noble and learned friend had 
always appeared to him to be open to 
this objection, that it was impossible 
to say, whether in any two counties 
in England, they could get the re- 
spective juries to agree in opinion as 
to what was libel and what was not. 
He earnestly hoped his noble and 

Digitized by 



Ii«nM4inM4wo9Maotpfrti«tiA€dl- t^popitml by 1^1 Gnj m»4 Lord 

fpg upon th«ir Lordshipt |o i4opt Mich HoUand, and oppo^ by tbt £»rl of 

a measure at this without foaft# btttir taverpoo)* Oo tbe vote bebg caUed» 

itatopf Umd had ytt beep urged in its it wu negatived by asMijority m thirty- 

MppiKtt one agaia9t ibirteeo. 
'fh« notion tf L«id Enkiae was 

Digitized by 







CkmrcAu^^ the CcMDioitf— ^ tke Lordi* 

Turn present a^ may juttly boast 
of the great exertiODS made bj it for 
the diffttsioii of knowledge, ereoamoaff 
the lowest classes of society. With 
the exception of Scotland, and a few 
of the protestant states in the north 
of Genoany^ the benefits of the art of 
printing dad not, till ktely, exist for 
the great mass of the people. The 
expence of. teaching, upon the old 
system, even the elements of reading, 
was nearly beyond their reach. The 
methods of I^caster and Bell, with 
the e£Forta of the extensive associations 
and establishments, had done much to 
pbce the first principles of knowledge 
within the reach even of the hum- 
blest individuals. Still something was 
wanting, on a national scale, to con». 
prehend districts and objects that lay 
beyond the rtach of voluntary exer- 
tion. Some parliamentary measure 
wu wanting | some aid from the ge- 
neral ficmds of the society, not mdeed 
to defray the whole expence, the ef- 
fects of which would have been alto- 
Cher inkurious, but to fadlitace the 
t establishment, and reduce the 
cost to an easy and tempting rate. 
Parliament, however, very judiciously 

began its labours with an inquiry into 
the present sta^ of education through)* 
out the countr^, and the funds alre^y 
cxistin|^, applicable to that object. 
This inquiry, after being continued 
through two successive sessions, was 
expected to be brought to a close in 
the course of the one now sitting. 

In the inteatigation of the above 
important subject, Mr Brougham took 
the lead, with those cpmprehensive and 
enlightened views, and with that eager 
and impetuous activity, which always 
characterize his public proceeding. 
On the 5th March, he moved the re- 
appointment of the conmiittee which 
had carried in the inquiry. At the 
same time, he gave some outline of the 
views, which, from previous researches^ 
they had been led to entertain. They 
were of opinion that assistance ougfalt 
to be given by the public towards the 
erection of schools in different places 
where it might be deemed advisable to 
have them, but that the principle of 
granting a pennanent income eitner to 
government or to any society, for the 
support of schools^ ought not to be 
sanctioned > that where there viras a 
want of the accommodation of scIkx>1- 

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houses and hoases for teachers, means 
for supplying that want ought to be 
furnished by the public, either b7 way 
of loan, or otherwise, according to cir- 
cumstances. It was the opbion of 
the committee, that a moderate sum 
of money was all that would be want- 
ed for this purpose* In Ireland, sel- 
dom less than 40,00(tf.a-year had been 
voted for the charter schools ; yet, 
either from carelessness or misappli- 
cation, these schools were productive 
of very little good. They received 
40,000/- from the public, and from the 
bequests of individuals they had an in* 
come of nearly 20,000/. more. Their 
whole revenue might therefore be ta- 
ken at. nearly 60,000/. a-year. The 
House would be very much surprised 
to learn, that from this income of be- 
tween 50 and 60,000/. a-year, not 
more than 2500 children were edu- 
cated. Now, with an income of be- 
tween 5 and 6000/. the Hibernian 
school society in London had institu- 
ted and now kept up 840 schools, 
while the charter schools, with an in- 
come of 60,000/. only kept S3 schools. 
The Hibernian school society educa- 
ted 27,000 children, while the charter 
sehools educated only 2500 children 
with nearly six times their income. 
There existed throughout the country 
large funds, which had been bequeath- 
ed by individuals for all purposes of 
charity — and particularly lor the edu- 
cation of the poor. Those funds had, 
in many cases, been grossly misappli- 
ed ; often, no doubt, from ignorance 
of the best method of employing them. 
In cases beyond the scope of the com- 
mittee it had come to their knowledge, 
that schools richly endowed in many 
parts of the country, had fallen into 
entire disuse. For the purpose of in- 
' vestigating the subject, another tribu- 
nal ought to be instituted, besides a 
committee of the House of Commons. 
A committee of the House could not 

transport itself from place to place ; 
its powers were limited 5 and to bring 
witnesses from different places through- 
out the country to London, would be 
attended with great inconvenience and 
expense. If commissioners or agents 
were appointed for this business, one 
journey to the different places would 
do, instead of. bringing witnesses from 
all the different parts to London. In 
many places abuses existed, of which 
no knowledge could be obtained till 
persons went to the spot. It was now 
two years since this matter had at- 
tracted the public attention, and hard- 
ly a day had passed during that time 
in which he had not received, from 
one place or other, an account of some 
misapplication — of some schools found- 
ed two hundred years ago perhaps, 
for which purpose lands yielding b 
considerable revenue were bequeath- 
ed, — while in some place only a few 
children were taught, and in another 
none. It was not generally known, 
that the income of the funds bequeath* 
ed for this* purpose amounted to be- 
tween 2 and 800,000/. A sum like 
this, if fairly employed, would go a 
great way indeed. 

Mr Peel observed, that the Irish 
charter schools were greatly improved 
since the last report in 1808. The chil- 
dren in the charter schools were clothed 
and entirely supported, as well as edu- 
cated, and the average expense of each 
child was calculated at I4/.a-year. 

After a short conversation, the fol- 
lowing committee was appointed : 
Mr Brougham, Sh- S. RomiUy, Sir J. 
Mackintosh, Mr Bennet, Mr R. Gk>r- 
don, Mr Babington, Mr Butterworth, 
Mr J. H. Smyth, Mr J. Smith, Mr 
Wilberforce, Mr Lamb, Sir W. Cur- 
tis, Sir J. Shaw. Sir F. Burdett, Mr 
C. Calvert, Mr Barclay, Lord Ossuls- 
ton. Sir R. Fergusson, Sir H. Parnell, 
Mr Holford, the Marquis of Tavis- 
tock, Sir T. Ackland, Mr Alderman 

Digitized by 





Alkiiit, Mr Wrotteskj, Mr AM 
Sailby Mr Ahercrombjt imd Mr 

Os the 2dd and S7th of April, Mr 
Brougham moTed the committal of 
a bill for iDamriag into tbe abuse 
of charitable tonda. He again dwelt 
on the eztensiTe abuses which the 
comaoittee had discovered. In Berk- 
shire, they had been assured , on good 
authority, that tbe bcomes of the 
eharitable funds had been returned at 
7000/L a-year, while their real income 
vasdMXX)/. a-year^ of which not more 
than dOOOl, was expended in the man- 
aerdtracted by the benefactors. Many 
aiarepfesentat]on» had gone abroad 
OB the subject of thia inquiry. The 
{iresent waa suted to be a bill which 
wouhi interfere with the management 
of chmtabk funds^ A more gross 
misrepreaeo^ition never was set afloat. 
It was a bill, not to interfere with the 
laanagementj^ but with the mismanage- 
■icat of charities — and that by inquiry 
and report* It was next stated, that 
the bill went to trench on private pro- 
pertyJ Thia-was as gross a misrepre^ 
sentatio^as the former. The fact was^ 
that persons receiving UKUiey for cha* 
ritable purposes, were, as much as 
any oflBcer of the government, en- 
trusted with public property, and had 
a right to account for it. The powers 
of the bill were. not greater than those 
granted- to the commissioners of ac- 
counts io 1781, to the commissioners 
of naval inquiry in 1803, and of mili- 
tary inquiry in 1804f. — Lord Folkes- 
tone regpnetted the exception of the 
universitiee, and of Westminster and 
Winchester school8,and Mr Brougham 
heartily wished these learned founda- 
tions had challenged inquiry into the 
admiaiKralion of their affairs. That 
venerable man. Earl St Vincent, had 
afforded an example on such subjects, 
which, whenever they were consider- 
ed, it was impossible too often to press 
< upon the attention of the House, and 

to hold up to imitation. He meant 
hia noble example in putting at the 
very head and front of the inquiry in- 
to the abuses in public offices, the of- 
fices of the lords commissioners of the 
Admiralty, he being at that time him. 
self the first lord. The noble earl 
said, ** let the commissioners come in- 
to his office, and examine all papers, 
and all persons in the office, in all de- 
partments, frcun the top to the bot- 
tom." Mr Bathurst and Mr Peel, 
however, insisted that* the universities 
could with no propriety be included. 

On the 8th May, previous to the 
House going into a committee on this 
bill, Mr Brougham gave a full and 
interesting view of its nature and ob- 
jects. ** In considering the want of 
education among the poorer classes 
of society, and the best measures for 
supplying it, we shall do well to re- 
gard the subject in two distinct points 
of view ; attending, first, to the situa- 
tion of the people in cities and towns 
of considerable size f secondly, to the 
circumstances of the people in small 
towns or villages, and in districts whol- 
ly agrriculturaJ, where hardly even a 
village exists. The House will soon 
perceive that a due attention to this 
division, and the diversities of situa- 
tion upon which it is founded, fur- 
nishes a clue to guide us a great part 
of the way in our inquiries, if indeed 
it does not lead us to the conclusion. 
Now, in large towns, in those, I mean, 
where the population exceeds seven 
or eight thousand inhabitants, there 
exbt, generally speaking, sufficiently 
ample means of instructing the poor ; 
not that there is almost any town 
where all can at present be taught, 
but that the laudable exertions ot in- 
dividuals are directed everywhere to 
this object, and are daily making such 
progress as will in time leave nothing 
to be wished for. Societies are form- 
ed, or forming, of respectable and opu- 
lent persons, who, to their infinite ho* 

Digitized by 




flovr* bttides fimuilm^ tfat nec^Mtiy 
f«ddt, do not begrudge what Banf 
withhold who are liberal enoitgh of 
'pecaniary aMittance-^their time, their 
perserering and active pertooal exer* 
tiooi. It ia diffieolt to describe muk 
Goodact m terms of adequate praise s 
nor is it confined to the metropolis 
and the larger cities. We find hard* 
I7 a town of any note in which some 
assoctation of this sort has not beea 
formed, and there can be no doabt, 
that a suflBcient number of schools to 
educate all the poor of such popu^ 
Ions places may be maintained 1^ the 
▼oluntary contributions of such bodies, 
if the obstacle is remored which the 
first expense of the undertakings^ the 
providing school- bouses, occasioaa. 
Where so powerful a disposition to 
carry on this good work exists in the 
community itself, we should be Tery 
careful how we interfere with it by 
any legislattve provisions* The g'eat. 
est danger is to be apprehended of 
drying up those, sources of private 
charity, by an unoruarded interposition 
of the public authority. The associfl« 
tions to which I refer, act for the 
poor, both as benefisctors, as advo- 
catesy and as trustees* They contri> 
bute themselves f they appeal to the 
community through the usual chan- 
nels of private sondtation, of puUic 
meetings, and of the press ; th«y raise 
sums by donations to begin the un- 
dertakings, and by annual subscrip- 
tion to ascet the current expenses $ 
they manage the expenditure, for the 
most part, with a degree of economy, 
which I am afraid can never be iioped 
for in the ^stribution of any portion 
of the state revenue. The Vmc traced 
out for Parliament with regard to the 
populous districts, by all the evidence 
given to the comacuttee, seems suffi- 
ciently phun. It should confine its 
aasistapce to the first cost of the es- 
Ublislmienta, and leave the yearly ex- 

penses to be defrayed m every Mae 
by the private patrooa. Wbiini we 
turn from the considerable towns end, 
populous districts, to paru of the 
country more thmly peopled, we per* 
oeive a very different state ai tfawga* 
in all but one essential particular, is 
which every quarter of the kin^oiB 
seems te agree. The means dF in- 
struction are scanty | there ia Httle 
reason to look for their increase, bet 
the poor are everywhere anxious for 
education. From the largest cities to 
the most solitary villaffe»-->to ien K »e 
districts, where the inhabitants lived 
dispersed, without even a hamlet to 
gather them together ; whether in the 
busiest haunts of men, the scats of re-^ 
finement and civility, where the gene^- 
ral diffusion of knowledge, and the ex« 
perience of its advantageaor pleasorce 
might be eapected to stamp a hieh 
value on it in all men's eyes \ or in the 
distant tracts of country, fre q uente d 
by flsen barely civilixed, and ao<j[aeiee- 
ed with the blessings of education m* 
ther by report th«i obaervetion-— io 
every comer of the oeuatry the poor 
me deeply impressed vrith m sense of 
its vaat OBperUace, and vrOHng to 
make any sacrifice within the bcmada 
of possibility to attaio this object ^i 
their ardent and steady desire." Ia 
these remote and thi&ly inhabited die* 
tricts, there aeemed no mtens of at- 
taining the object exoept the parish 
school system^ so long. adopted in 
Scotland, and with the happiest ef- 
fects. <« The experience of above a 
century has heme irresistible testi- 
mony to the salutary tendency of tins 
scheme. The expense attending it is 
moderate. The school-house is a 
buildio^ little better than a bam» 
which in Scothmd may cost 40L or 
601. ; and in England may be erected 
for lOOL or l^L The yearly salary 
of the master, originally from $L to 
11/., was rmsed in 1808 to iu preaeat 

Digitized by 





mmutmSW.ta92L* Forttnmno 
gititer tluui theses expended io evny 
yuvkf riw whole of Scotkod eii|Ofi 
the l aetUMaM e beoefiu of an ednca* 
cioo, wUcfa exteads to the poomt 
ciMee of her iahahkantSy aaoy in its 
fiKis, oanftrt a thofuaod advaatagtt 
apoo tha hi||faatt ordera ia die Mate. 
The sfstcm u efficknt at cheap 6 X»» 
icame aa naefal— pennaiient at nln- 

After thete geoend Tiewe, Mr 
BroaghaBB proeaeded to the moreian- 
iacdiat« objject of the hiU, which waa 
to iaqoint mto the state and manage^ 
amt of diaritabk fande. The re- 
taraiy is piuiaance to the 96th Grco. 
UU eonnooly oalkd Mr Oilhert^ 
act, are known to be exoeedinglT de- 
kt6^€ I yet they make the yearly ii^ 
caoie of charitiet about 48,0001 from 
nM>oey» and SK^XXM. from land in 
the year 178& It appears from eri- 
dence hod before the oomBuctee^ that 
ia aoe coaotty, Bcrk^ire^ only a third 
part of tbe folds was returned. If 
we supp oae this to be the afcra|pe de^ 
fieiaocy in the whole retoras, it wil 
Ukom that the whole iocome actnatty 
wceived&am the daandeswas between 
7 and 9€OifiOOL a-year. Them were 
^bo many orcMm s l a o ces connected 
wkh tbe negUgeace, or the want of 
dot power mted ia the hands of 
f which tended to keep the in- 
' k bdow the aaKRint to which 
k adght be raised. A parliainentary 
iaqairy had even been recommended 
br the report of 17S6*7in consequence 
of the fctmm under Mr Gilbert't act. 
Mr Brougham then eaumrrated maaj 
iastancca of grom abuse and moapph- 
tttioB* It waa said indeed that the 
iamrcd migbt resort to the Court of 
0ianoery. << Come, sfl ye who kbonr 

under the burthen of Imd or < 
sioo^'i^nttr the eternal gates of the 
Court of Chancery I Trae» you are the 
poor of the faind--the grievaaee you 
complata of has robbed you of every 
thing: butpeonjlest though you are» 
youaivnotreoiediless — you hare only 
to file a bill in equity, and the matter 
wiH take its course 1 Why» if thete 
were nothmg in the reality, there is 
something ia the name of the Court of 
Chaneanr that appals the imagination, 
and atfikes terror iuto the unlearned 
nund* I rscolkct a spying of a rery 
great man in the Court of Kia^s- 
Beaclu The todge baring said ofhis 
cheat, < Let him ro into a court of 
equity.' Mr Erskiae answered, ia 
an artlem tone of roice, which nmde 
Westminster.hall ring with laughter, 
* Would your Lordships seed a iieU 
low- c re ature there ^ " Mr Brougham 
could not condode without obsemag, 
that many abuses exist without Uame 
beinflT impotcd to aay one. Neglects 
mar be handed down, as it were, from 
father to son, until the right course 
of adminiscnition is forgotten. Apcr« 
tan may bold funds m liis own which 
some remote ancestor diverted firom 
their proper object, and for maay 
years the existence of the misappro- 
priation may have been unsuspe^ed. 
Mr Brougham finally obserrcd : ** In 
the history of this coantry, pi:^lic or 
domestic, I know of no feature more 
touching than the sight of those who 
every day before our eyes are seen do- 
vodng their fortunes, their tune, their 
hbour, their health, to ofices of bene* 
roleace and mercy. How aumy peru 
soos do I myself know, to whom it is 
oabr necessary to my— -Uiere are men 
without employment— children unie- 
ducated-^suSiners in prison— victims 

• By 4S Geo. in. e. 54. More aceu^tely^ die old stipends were iWmi 5/L 11#. 1 . 
• lit S^M; Hie new stipends are Ihmi 102. 1S«. Srf. io9Sd.U>kd. aud^itey are to 
be eorreded every 95 years^ aoeordiag to the price of grain. 

Digitized by 




of diietfle — wretches pining in wtnt—* 
and straightway they will abandon all 
other pur4uitft» as if they theaoselves 
had not large families to provide for, 
and toil for days and for nights, stolen 
from their own most necessary avoca- 
tions, to feed the hungry, clothe the 
naked, and shed upon the children of 
the poor that inestimable bkssinff of 
education, which alone gave themseiTea 
the wish and the power to relieve their 
fellow-men ! I survey this picture with 
inexpressible pleasure, and the ratbor 
because it is a glory peculiar to £ng* 

Lord Castlereagh said, that after 
the speech, so interesting and so full 
of information, which the House had 
heard from the honourable and learned 
.gentleman, he should not long occupy 
Its attention. He censured the remarks 
on the Court of Chancery as invidious, 
observing that the power of deciding 
quickly, and that of deciding equita« 
bly, were diiBcult to combine. He 
went along with the honourable and 
learned gentleman in thinking that a 
conunission would do great good. 
They would do good» in the first 
place, by calling the attention of Par- 
uament to the management of funds 
for education. 1 ndividuals who were 
interested must be impelled to dili- 
gent inquiry and active vigilance, by 
the knowledge that the disposal of 
the charities which they superintended 
was under the consideration of Par- 
liament* The nature and the amount 
of the funds would thus be ascertain- 
ed and directed to their proper object. 
He went along with the honourable 
and learned gentleman in thinking that 
those funds were in some respects pub- 
lic property ; at least they were public 
property so far as that the laws ought 
to attend to the management ; but as 
they must have been appropriated to 
specific objects by the ori^nal donors, 
they ought not to be diverted from 
those objects. He suggested that 

men of rank and consideratsaii dmiM 
form part of the commissioa, who, 
though they should not enter into the 
4abonou8 parts, would be aiding with 
their counsel and authority. Adivi* 
sion took place on the propoatioD by 
Mr JlobiaiOQ that Hancaw school 
should be exempted, wiiiciL «M nega* 
tired by 5S to 90. 

The bill now passed the Commons, 
and on the 27th May was introduced 
into the House of Lords by the Earl 
of Roaslyn* who reeapitubted the 
leading arguments which had beea 
used in its support. The Lord Chan- 
cellor stated, that he kh himself bound 
to give the bill his decided negative, at 
more detrimental to the interesls of 
charities than any proceeding that 
could be devised. He and StrWil- 
Ham Grant had made the utmoat ex- 
ertion to remedy these evils, but hsd 
found the obstacles so insurmouotsble, 
that thej were obliged to desist If 
the legislature did not protect' tO' the 
utmost all honorary trustees, in the 
execution of their trusts— if they were 
to be exposed to suspicious and vexs- 
tious inquiries into all the details of 
their duty— not one honourable man 
would be found in the kingdom to 
take upon himself the responsibility 
of a diaritable trust. He should be 
glad to know where was the power of 
Parliament to interpose between the 
negligent schoolmasters and their scho- 
lars, even supposing they were negli- 
gent ; but the fact was^ that a foonsh 
fashion prevailed of sending boys by 
dozens to private seminaries, so that 
the endowed g^rammar-sohools in coun- 
try towns were deserted, and the de- 
ficiency of pupils was unfairly attri- 
buted to the misconduct of masters. 
The 4000^. set apart in the bill would 
not pay the expenses of one-fortieth 
of the inquiries that must be institu- 
ted; for there was scarcely a parnh 
in the kingdom that had not somexia- 
ritable eatablishment or other. These 

Digitized by 


Chap. 6.3 



uopoittot troita were getierally gra- 
tnitously diediarged, and if a more 
tcapeFate meatnre than this was not 
proTidedy no man would in futore take 
upon himself such ardaons and ha* 
zardone duties. Lord Redesdale also 
said» lie had conversed with many trus- 
tees, who said that they wduld not 
have accepted of the trust, if they had 
been aware of such a measure as this. 
If sudi a bill passed, trustees would 
consist only of peraons of great zeal 
«nd of little discretion. Lord Hol- 
land, however, strongly supported the 
bill, and Lord Carnarvon observed, 
that unless the House were prepared 
to remit all preliminary inquiry, and 
to receive only specific biHs for every 
j^tise, he could conceive no reason, 
and he had heard no Teason, why the 
bill should not be committed. It 
mirht come out of the committee a 
bm much improved, and certainly a 
lull calculated to do infinite good. 
The consmttment of the bill was car- 
ried by a majority of 10 to 8. 

The chief alterations made in the 
committee were, that the inquiry should 
be confined to charitable abuses con- 
nected with education, that the com- 
missioners should not have the power 
to fine or commit, and that their in- 
quiries should not extend to establish- 
nenU which had special visitors. The 
Chancellor then stated, that he consi- 
dered the bill as materially improved, 
and it passed without serious opposi- 

On the Sd June, Mr Brougham pre^ 
sented to the House the Report of the 
Committee on Education, which is in- 
serted in the Appendix. He then ani- 
madverted with peculiar asperity on 
the changes which his bill had under- 
gone in passing through the Upper 
House. On the restriction of inqiiiry 
to subjects connected with education, 
he observed, if commissioners were to 
be sent round the country for the pur- 
pose of inquiriiig into the application 

of the fands of the charities for edu- 
cation.— if they were enabled to call for 
the attendance of witnesses— if they 
could demand the production of docu- 
ments, and prosecute inquiries into 
abuses as to education, it seemed to 
him very natural that they should also 
avail themselves of the opportunity of 
inquiring into other abuses admitted by 
all to prerail, although existing in 
charities not connected writh education. 
Those superior persons, however, who 
sat in the upper regions of legislation, 
and who, from their elevated height, 
were better qualified to tdke a more 
comprehensive view of human affairs, 
thought otherwise, and struck out that 
part of the bill. What ! though the 
very steps these commissioners were to 
adopt in their investigation of abuses 
as to education might lead to a just 
suspicion of similar abuses in other 
charities— though the scene for such 
respective inquiries was the same-— 
though the same witnesses might be 
examined as to the application of the 
funds of respective chariHes^were 
they to be precluded by a positive pro- 
vision of law from extending their re- 
search ? Yes ! The House must not 
expect those abuses to be examined. 
The mouth of any witness about to 
afford evidence of such abuses must be 
stopped, in virtue of the bill as it was 
now returned to that House. He re- 
presented also the anomalous situation 
of parliamentary commissioners sent to 
make inquiries without any penalty by 
which to enforce attendance, or the 
production of papers— allowed to col- 
lect only volunteer evidence from per- 
sons whose interest was often inimical 
to disclosure., With regard to the ex- 
ception of charities having special vi- 
sitors, he would pledge himself to 
prove, that of all the charities in which 
abuses exist, none were greater or 
grosser than in those where special vi- 
sitors were appointed. Indeed he could 
say positively, that the grossest case 

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of abuie that came before tbe com* 
^L mittee, wat of a charity where fecial 
^^ Tisitore have been appohited, but who 
had never attended to their duties far 
twenty years* With resard to Chan- 
oery» he produced fresh instances of 
persons, who, by haring recourse to 
the Court, had nuned tnemselves by 
it, without obtaining any redress^ He 
pronounced the highest panegyric on 
the present Lord Chancellor, who, in 
his opinion^ was by hr the man of the 
most wonderful lenl learning that had 
for ages appeared m any of our courts. 
This was not merely the expression 
of his own unfeigned reverence and 
admiration of the ercat qualities by 
which that noble and leamra Lord was 
4istinguished — he knew he spoke the 
sentiments of all the profession, com- 
mon lawyers, as well as chancery law- 
yers. That the learning and subtlety 
of the noble and learned Lord were 
unexampled, was the opinion from one 
end of Westminster Hall to the other. 
He must add, that a more kindly dis- 
posed judge to all the professional 
men who practised in this court never 
perhsps existed. But notwithstand- 
ing all these good qualities on the part 
of the noble and learned Lord, it was 
his (Mr Brougham's^ duty to say, 
that there was something in the Court 
of Chancery that set at defiance all 
calculation of cost and time, and ren- 
dered the celebrated irony of Swift, 
when he made Gulliver tell the worthy 
Hynynhmn, his master^ (what he says, 
his honour found it hard to conceive,) 
that his father had been wholly ruined 
by the misfortune of having gained a 
chancery suit, with full costs, not on- 
ly not an exaggeration, but a strictly 
correct description of the fact. He 
trusted, however, that mangled as the 
bill had been, it would still be render- 
ed effective by the exertions of the 
commissioners, seconded by those of 
the committee, which he trusted would 
be re-appointed r»ext session. He 

made an attempt, however, to evade 
the alterations of the House of Peera^ 
by moving an address to the Prince 
Regent, soliciting the formatioD of a 
€ommissiosi of inquiry on the original 

Lord Castlereagh considered Mr 
Brouffham as by no means justified in 
the cnarges advanced by him aeainst 
the Court of Chancery. He comid not 
conceive any hope more illusory than 
that held out by the honourable and 
learned gentlensan, that the commit* 
tion would be enabled to execute its 
task in a short time, or without occa- 
sioning those evils, the existence of 
which in the Court of Chancery the 
honourable and learned gentleman had 
described with so much exaggeration. 
Could that House stand the criterion 
which the honourable and learned gen- 
tleman had applied to the Court of 
Chancery ? Were the Order book ta* 
ken, and the various delays which the 
pressure of business might occasion in 
any particular motion to be noticed, 
k might, by such a partial view of the 
subject, be frequently alleged, that 
the House of Commons postponed 
for months, verv wise and important 
measures. Could that be urg^ as an 
imputation on the ability or attentioa 
of the House of Commons to its du- 
ties ? He certainly knew it could not, 
as the motives for such postponement 
could be easily ex{^ned, as no doubt 
could those cases mentioned by the 
honourable and learned member with 
respect to the Court of Chancery, and 
he hoped that those gentlemen who 
were more acquainted with that Court 
than he could be supposed to be, 
would defend it from such unmerited 
imputations. The honourable and 
leairned gentleman had made an unfair 
attempt to run down the character of 
the legal institutions of the country. 
Nothing, in his opinion, could be a 
more imprudent course for the House 
to pursue, than that which had been 

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rtoomioMided by the honourable and 
learnad gendemaBy who called on them 
to do that by addreaa to the Crowa» 
to which the other branch of thcle^is- 
htnre had refused to give its sanction 
M t legtslatiTe measure. He consir 
dered this attempt cidculated to pro« 
doce snch a collision between the two 
Honaesy as must detract from the re> 
imctdMlity of the proceedings of Par« 
Bfloent. Iteallyt wben he looked into 
tbeextent of the honourable and learn- 
ed gauleman's bill, as it was sent up 
to u^ other House* he was not sur- 
priied that the Lords should not be 
pRpsred at once to assent to the whole 
of iL There were deven thousand 
puidies in £ngland and Waks^ and 
there could not be less than between 
iiffty and fiftj thousand charitable in- 
ttitntiotts Incuuled in the bill as it ori- 
dndlj stood. He really thou£^ht that 
m die bin* as now modified* there was 
H^ify«t to occupy the commission* 
99 till anr^tb**^ seasion. He was sure^ 
tbt an inquiryy to be naefuU must be 
psrsqed in the spirit of temper and 
sndaadon ; and if it were pursued in 
nek a wmj, every honest man must 
vidi to see the object of it accom- 

Sir Samud ILomiUj most sincerely 
tbonght, that io such a case the re> 
mtij which the Court of Chancery 
wu capable of affording was not an 
ad^uate reined j» and that it was imr 
j*^M^^ through the Court of Chan- 
coy* to obtain redress for the abuses 
of charitable iostitutions* There were 
expedients of delay peculiar to that 
Cooit* which^ if resorted to^ as they 
satonllY would be in such a case, 
vmddtkrow such obstacles in the way 
of obtaining redress as few would be 
Apposed to encounter. And when he 
coBSideTed that an information io the 
C^mrt of Chancery would be filed by 
lome straneer, wiio had not, like a 
nkor in Chancery, an interest in the 
nwit of the decision, it could not be 

expected that such a person would be 
disposed to put himself to the great 
expence which this would occasion^ 
for the public benefit. 

After a conversation of some leneth* 
the proposed address was negatived 
by fifty-four to twenty-nine. Mr 
Brougham then moved an address for 
an inquiry into charities in general, 
which was negatived without a divi- 
sion* Mr Brougham then declared his 
intentioo to acquiesce from necessity 
in the Lords* amendments, but his un- 
willingness to move them himself}— 
which office was done for him by I«ord 
Castlereagh | and they were ofcourie 

Another measure, destined for the 
permanent instruction of the adult 
classes of society, formed one of the 
leadinff measures of administration du- 
ring the present year $ and, notwith- 
standing the inconvenient amount of 
expenditure which it involvedf met 
with general approbation* In a nu 
pidly progressive state of society, many 
most important objects, in themselves 
stattoaary, are subject to be left greats 
ly behiadf It seems scarcely credi* 
tOe^ centering the increase of po- 
puhoion, and the progress of the GOua» 
try in every re^^t, since the reign of 
Queen Anne, that except an aborti^ 
attempt at that very time, no addition 
should have been made to the places 
of worship belon^g to the establish- 
ed church* This want was the moce 
fdt &om no adaptation having ta- 
ken ^lace to the local changes of po- 
pulation. In some old and early en- 
dowed towns, there was even a super- 
fluity of churches ; but in the manu- 
facturing places, which, in the course 
of the last century, have ri^ea so ra- 
pidly to greatness^ the accommoda- 
tion Dore scarcely any proportion what- 
ever to the numoer of people. A re- 
medy for this deficiency had been for 
some time in oontemphtion, and had 

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particularly formed an object of atten- 
tion to Mr Perceval; but the pres- 
sure of financial claims and difficulties 
had hitherto induced its postpone- 
ment ; and though these could not be 
said to be much amended, the evil ap- 
peared so urgent, as to admit no longer 
of delay. A proposition for this pur- 
pose was therefore announced in the 
speech of the Prince Regent, and, on 
the 16th March, it was introduced by 
the Chancellor of the. Exchequer to 
the consideration of the House. 

Mr Vansittart, after some prelimi- 
nary observations, stated the substance 
of several documents which the Prince 
Regent had entrusted him to lay upon 
the table of the House. The Parlia- 
mentary accountsi» No. I., which com- 
prised only those parishes which con- 
tain at kast 2000 persons, and in 
which the places of worship are insuf- 
ficient to accommodate one half of the 
inhabitants, would show, that in the 
diocese of London there were eighty 
parishes of that description, contain- 
ing 990,337 souls, and giving an aver- 
age of 11,629 to a parish ; — in that of 

Winchester the average was 8789 j 

in that of Chester 8195; — ^while in 
that of Oxford it was no more than 
2422 ; so that the proportionate po- 

fulation of parishes in the diocese of 
«ondon to those of the diocese of Ox* 
ford, was, as more than four to one. 
From the account he had extracted a 
list of twenty-seven parishes, in which 
the deficiency was most enormous— 
the excess of the inhabitants beyond 
the means of accommodation in the 
churches exceeded 20,000 in each. Of 
these, sixteen were in or about Lon- 
don, and eleven in great provincial 
towns. In three of them, the excess 
in each was above 50,000 souls : — ^in 
four more, from 40,000 to 50,000 j— 
in eight from 30,000 to 40,000 ; and 
in the remaining twelve, from 20,000 
to 30,000. In Liverpool, out of 
94,376 inhabitants, 21,000 only could 

be accommodated in the churches, lea- 
ving a deficiency of 73,376 ; — ^in Man- 
chester, of 79,459, only 10,950, lea- 
ving 68,509 ; and in Mary-le-bone, of 
75,624, no more than 8700, leaving 
66,924 without the means of accom- 
ihodation. It thus appeared, that in 
three parishes only, there were iiear 
210,000 inhabitants who could not ob- 
tain access to their churches. He ad- 
mitted, that fn the actual population of 
a parish, a large allowance must be 
made for those whom tender age, in- 
firmity, or necessary domestic avoca- 
tions, detained at home ; so that be 
should consider a parish not very ill 
supplied if a third of its inhabitants 
could find accommodation^ If this 
were not the case, the deficiency in the 
larger parishes would appear so enor- 
mous, and the expence of providing any 
.adequate remedy so immense, that be 
could hardly have the courage to pro- 
pose to Parliament to undertake so 
hopeless a task. Besides the impossibi- 
lity in many parishes of a |rrcat part of 
the inhabitants attending divine service, 
there were many other most import- 
ant functbns of his sacred office, which 
it was impossible for any clergyman, 
however zealous and laborious, ade- 
quately to discharge towards a popu- 
lation of 40,000 or 50,000 souls, or 
even a much smaller number. He 
might instance (as Mr Yates has most 
forcibly done) the sacrament of the 
Lord's Supper, and the rights of bap- 
tism, burial, and marriage. How was 
it possible for those ordinances to be 
celebrated in the solemn and impres- 
sive manner which their serious and 
important nature required, in the crowd 
and hurry unavoidably attending their 
perpetual and almost ceaseless repeti- 
tion in such a crowded population ? 

Having thus pointed out the ex- 
tent of the evil, he next proceeded to 
state the revenue proposed. He 'in- 
tended to propose a grant, to the 
extent of one million sterling, to be 

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Chap. 6*3 



raised by an isaue of exchequer bills, 
and applied as occasion might re- 
aoire, under the direction of commis- 
aoners, appointed by the Crown in 
a manner analogous to the operations 
of the parliamentary commission, es- 
tablished last year, to give encourage- 
oient to public works. The commis- 
non was to take a general view of the 
wants of the whole kingdom^ and in 
granting aid, would be regulated by 
a combined view of the extent and the 
population of the different parishes, 
the want of accommodation in the ex- 
istm^ churches, and the ability of the 
district to bear the burthen requisite 
for supplying the deficiency. The 
public bounty ought only to be given 
m aid of a fair exertion on the part of 
the district : where the commission- 
ers were convinced of the inability of 
the district to complete the underta- 
king of itself, they would interfere, 
hat rather with a view to assist, ths^n 
to support, the whole charge. The 
modes by which the commissioners 
would aroct the purposes of the act^ 
were three-fold :— First, by the com- 
plete ecclesiastical division of parishes; 
secondly, by the district division of 
parishes^ not affectinir the endowments 
of the present benefice ; and thirdly^ 
by the building of parochial chapels* 
In one or other of these modes he ho- 
ped the requisite relief would mdu- 
aUy be obtained ; but it wouldbe ob- 
vious to any one who examined the re- 
turns on the table, that the greatest 
exertion of parochial funds and of pri- 
vate liberality, co-operating with the 
munificence of Parliament, would be 
necessary to'*attain the object. He had 
already referred to the case of twentr- 
seveo parishes, in each of which the 
excess of the population, above the ac- 
commodation of the churches, was 
above 20,000 souls. It mif ht be es- 
timated, that in these parishes alone, 
one hundred and fourteen additional 
churches, of dimensions sufficient to 

conuin nearly SOOOpersoosctdi, would 
be required to afford such moderate 
accommodation as to albw one-third 
of the inhabitants to attend divine wor« 
ship at the same time. With a view 
to support the ministers serving in 
these chapels, it was proposed that a 
nuHlerate seat-rent should be levied | 
a large space at the same time being 
reserved as free seats. In regard to 
the patronage, the presentation of the 
new parish, or of tne district church, 
would be vested in the patron of the 
original church. In the case of pa- 
rochial chapels, the appointment would 
rest (as it now does by law) in the in- 
cumbent of the parish^ who is spirit- 
ually answerable for the conduct of 
the whole. He believed that this ar« 
rangement would leave the general 
proportions of ecclesiastical patronage 
very much as they now exist. For in« 
stance, of the twenty-seven parishes 
already alluded to, he believed the pa- 
tronage of four was in the Crown ; of 
two, m the archbishop of Canterbury; 
of three, in the bishop of London ; 
of one, in the archdeacon of London ; 
of six, in colleges ; of two, in chap- 
ters or lay corporations } in one, toe 
incumbent was elected by parishioners; 
and the remainmg eight belonged to 
private patrons. These twenty-seven 
parishes would therefore afford a to* 
lerably fair specimen of every species 
of parochial patronaee. The Courch 
of Scotland was admitted . to stand 
equally in need of assistance, and to be 
equally entitled to pariiamentary sup- 
port ; but from the g^at difference of 
Its forms, it could not be included in 
the same measure. 

The only criticism upon this plan 
came from Sir Charles Monck, who 
declared his opinion, that vrithout 
some alteration in the mode of per- 
forming Divine service, the building 
of additional churches would be of 
little advantaflre. In those parts of the 
country in which the population had 

Digitized by 



mcreoaed mot of laU jeart^ diurchet 
were scarce; but there were many parts 
of the country where the population 
was very large inoUi timest greater in> 
deedthaeitwasoow. In Norwichffor in- 
stance, there were 39 parties, while, by 
the last returns* the population was only 
38,000. Was Norwich* with this am. 
pie proYisioQ of churches, a companu 
tiTelT moral and religious town ? He 
fecouected that Durham had also many 
churches, yet the population was on* 
ly from eight to 10,000 1 whereas New* 
castle, a very large town, had not above 
fbtir or five churches : But he had ne* 
ver beard that Durham was more re- 
markable for morals than Newcastle. 
He was unable to see why they should 
at once take one million, and no more. 
When theyentei^d on this business, 
they ought to make up their minds to 
bear whatever was requisite* 

Mr W. Smith observed on the dif* 
Acuity of procuring such moral returns 
as were demanded by the honourable 
Baronet ; but believed that they would 
be fiivoarable to the morality of Nor. 

The resolution was agreed to widw 
out any division. 

On a subse<iueDt occasion, in an- 
swer to a question froas General Thorn- 
ton, the chancellor of the Exchequer 
atated^ that the new divifion of pa- 
nshes was to take place for ecdesiaa- 
tical only, and not for civil or secular 

Qn the 30th Apri^ when the House 
went into the coounittee on the bfll, 
Sir W. Scott strongly objected to the 
daose whidi encitt^ twelve welLdis- 
posed persons to bnild a church, and 
nfotnt a aunister, with the consent of 
tne bishop, at tending to disturb the 
tranquillity of the church by the in* 
tvoductioa of dogmatical sectaries, and 
by infringing on the rights of patrons. 
It was unworthy, too, in the church, 
to depend on private funds for its io« 
crease or support. 

The Chancellor of the Ezchtqner 
urged, that these householders were 
to have only two presentations) and 
that it was usportant for the church 
to avail itself of all the aid that could 
be obtained from private liberality. 

Mr Bathurst only consented to the 
clause, rather than endanger the 8uc« 
cess of the bill, and with the nio£fi« 
cation, that the majority of the sub- 
scribers should be resident* 

Mr Peel thought the clause should 
form a separate bill, and considered it 
highly objectionable. What was mesat 
by well-disposed oersons, when the 
term was introduced into an act of Psr- 
liament i Crime was defined b v kw ; 
but he never yet heard of a denoitioQ 
of morality in a statute. How were 
we to measure good dispositioos, or 
ascertain the character of welUdtspo- 
sedpersons, by an act of Parliament ? 

Tne clause was supported by Lord 
Castlerej^h { notwithstanding whidi, 
on a division^ it was negatived by 47 
to 22. 

The bill having passed the Com- 
mons, ynm introduccKi into the House 
of Lords by Lord Liverpool, on the 
15th May. The arguments by which 
he supported it were dmilar to those 
already used hj Mr Vansittart. In 
the course of his speech he observed, 
that to supply accommodation for the 
metropolis it was proposed to hvSld 
additional churches m di£Ferent parishes 
—in Mary4e-bone 5, in Psncras 4, in 
St Leonard's, Shoreditch, 4, in St 
Matthew's, BethnaUGreen, 4, in Lam- 
bethy 3 ; other parishes, wfa^ch he need 
not enumerate, would have corres- 
pondbg additions. In the cooatry, 
the supply would be in a similar pro- 
portion to the present deficiency.-- 
Manchester, it was thought, would re- 

2uire an addition of 7 churches, Shef* 
eki 4, Stockport 3, Birmingham 3 
or 4f, and so on* It was estimated, 
that it would a£Ford the means of build- 
ing about 100 churches without any 

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«U'frplB siibtcrtptioriSt Btit tbat Um 
addiuoB to be dtmed from the latter 
•oqcree would be Tery cootiderable^ he 
could not doubt* when he recollected 
what had beea done by LiverDooli 
vbere no less than 6 cburchet had been 
bttilt by tubscriptioQ. That town, 
which wat very tncooaiderable tt the 
commencement of his present Majea^ 
ty^a reign, now possessed a pbpuktio* 
oT UXKOOOf and bad 14 churchei_ 
With the addition of two more, suffix 
cient accommodation would be afford- 
cd for its population. 

L.ord HoUand was friendlyf on the 
whole* to the measure; yet be must 
fii^iarge the unffratefnl duty of say- 
iag, thSt be could agree to it only lin- 
ger certain modifications. He thought 
« cfaarch ao richly endowed as that of 
EogUndf ought to contribute some- 
wrhat to its own support and increase. 
Thia he would propose to do, not by 
iooching the emoluments of any living 
Agnstary, but, according to tne plan 
awpted in Roman Catholic countries, 
by aoapending, for a mater or lest 
tinet those lirings which could most 
casfly be dispensed with. 

To this, Lord Harrowby replied, 
aorely the noble Lord did not think - 
that this measure was intended for the 
advantage of the church, considered 
with a view to its clergy. Undoubt- 
edly it was not, but for the advantage 
of region in general, and the cotnmu- 
a^ at large ; and there was no more 
f asnn for calling on the revenues of 
tbe church, than on those of any class 
«f fociety. 

The Marquis of Lansdowne, while 
be contiderea the measure roost indis- 
pensable, complained, that Scotland 
and Ireland should be made to contri- 
hote, without deriving any benefit. 

Lord Liverpool replied, that a si- 
aSar measure would, in due time, be 
cstesded to Scotland; and that the 
of the British and Irish ezche- 

▼OL.ZI. PART. n. 

quers rendeitd it ifflMiBiblft to ezanpt 
the latter country, which, after all, wa^ 
not in a worse coivdition than many 
pountici of England. 

The bill wa$ then read a second 

On the £0d) May, when it wKQt in* 
to a cDmmittee> Ziord Holland agaiii 
pressed his plan of providing for part 
of the expence, by a temponry asquei* 
tration ot churcb-revenues, and instan* 
ced the Cathedral of Litchfield, thf 
repairs of Urbidi bad been provide^ for 
by the suspension of two prebends. 

The Archbishop of Canterburr, 
Lords Liverpool and Grenville, ob- 
served, that such an arrangement, for 
the benefit of that particular cathedral, 
was quite different from a general le* 
gislative provision. 

On the clause, limiting the powers 
of the commissioners to the building 
of churches, so as to afford the great- 
est possible accommodation to the lar« 
gest number of persons. Lord Gren- 
ville expressed a doubt whether the 
words were sufficiently explanatory of 
what vrere the intentions ot its framers. 
He agreed, that to afford the greatest 
possible accommodation to the largest 
number of persons, ought to be a pri- 
mary principle ; but v^ilst he depre- 
cated all useless splendour in the build- 
ing of churches, he thought it of im- 
portance, that that mode should be 
adopted which was best calculated to 
inspire devotion, and which was cha- 
racteristic of the established church. 

Lord Liverpool entirely agreed with 
the noble Baron, and conceived that 
such was the intention of the framers 
of the bill. 

Lord Holland liked the literal mean- 
ing of the words of the present clause 
much better than the explanation of 
them which the two noble Lords had 
attempted to give. 

Lord Harrowby was decidedly hos- 
tile to incurring unnecessary expence 

Digitized by 



for tpktidonr ; but be never could agree 
tbat it was intended by this bill mere- 
ly to «fect four walls like a bam, sole- 
ly upon the principle of affording the 
mateit possible accommodation to the 
bluest number of persons* 

The Atchbishop of Canterbury ob- 
sert^t if edifices were erected which 
depai*ted so far from the style of ecde- 
siastkal architecture that they might 
be mistaken for places devoted to ano- 
ther nse^ he conceived that one object 
t of the present bill would be entirely 

lost sight of. He wu satisfied, that . 
wliile their Lordships paid a due at- 
tention to the accommodation of the 
frequenters of the established church, 
in point of room» they would not 
neglect an adherence to that mode 
of building which characterised the 
Reformed Church of England from 
churches where that reform waa car^ 
ried too far. 

The bill was pMt inthont any al** 

Digitized by 





• < ' ; 



Sia^Trade^Treaty with Spain — Mr Wilberforce on the Treatment of Slaves^ 

• — Motions of Sir S. Romilli/ respecting Proceedings in Dominica^ New, awi 

St Chnsto^r^s.'^^Uen BiU^The Bank of Scotland. — Sir Francis Bur^ 

dett on Parliamentary Reform—'Sneech of Mr Brougham. — Poor Lams 

' Amendment and Select Vestries Bill. — London Breweries, — Auction Laws* 

Thb grand philaDthropic object of 
pnttiDg a perioid to the traffic in slaves* 
had ofercome all opposition in the 
coansela and cabinet of Britain. That 
power not only enforced the prohibi- 
tion with strictness in her own ezten- 
sife posseasions, but used all her influ** 
encr to induce the other powers of . 
Europe, to imitate the example. Her 
urgency, aided by the general influ- 
eoce of the sentiments of humanity, 
had now secured pretty general pro- 
mises of co-operation. A X raffic, ho w- 
Cfer, in which such vast interests were 
eBri>arked9 and which was carried, on 
oier'tiich an ext^t of distant and bar- 
baions shores, could not be easily sup-i 
ptcssed — it rose^ like a hydra, under 
Iccumulated blows ; and only the con- 
tinuance of equal efforts, with. those 
which had at . first produced its pro- 
Kription, could preTcnt it from revi« 
.YiojF ia all its energy. .> 

. On the 28th January^ Lord Castle^ 
ttagh hoA before the House a copy of 
the treaty concluded with Spain on 
the svbject of this traffic. It is insert- 
ed in tbe Ap^dix. It is there sti- 

pulated, that Spain not only abolishes 
the trade, but allows ta British vessels^ 
under certain circumstances, the powet 
of search over such Spanish vessels as 
may be suspected of being engaged ia 
it. A similar right of search is grant- 
ed .to Spanish, over British vessels.-^- 
In compensation for the losses sustain- 
ed by the subjects of that power/ in 
consequence of the abolition, Britain 
engages to pay the sum of 400|000/. 

On the i>th February, Lord Castle- 
reagh moved^ that provision should be 
made for carrying this treaty into ex- 
ecution. He be^an with remarkbg 
the important progress which had been 
made in this great object in the course 
of last year. All the crowned heads 
of Europe, except Portugal, so fsr as 
the south of the line was. concemedt 
had either abolished the slave-.tiadey or 
entered into stipulations for its abpU* 
{ipn at some future period. He was 
assured of the satisfaction it must give 
the House, to fiod Spain, infinitely 
the most impoiptant of all t)ie Euro* 
pean powers in this view» both for lo« 
cat authority and extent of ^oUmkh 

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stipulating for the final abolition of 
tlie trade. While Spain carried on, 
and protected hj her trade and her 
flag, this traffic, both on the northern 
and on the sonthern coasts of Africa, 
all that France, Holland, and the other 
powers of Europe could do for the 
abolition was nugatory. There was 
no slaTe-trade now to the north of the 
line : it conld be carried on by posM* 
bility only to the southward of the line 
from May 1820. The Congress at 
Vienna, if it had no other ground of 
merit or distinction, was entitled to the 
gratitude of mankind on this subject : 
Mr there all the great powers of^Eu- 
vopc oMde a declaration which stamp- 
ad the slave-trade as disgraceful, and 
mada every state anaious to get out of 
it as soon as cireuoistances could con- 
veniently admit of its doing so. The 
great evil now to be dreaded was from 
tilt ilUck trade. The peril, the alarm, 
the viokttce, of the iuicit trader, in^ 
ilicted cruelties unknown when the 
Iftore JuMMiBe regular tra4e was coa- 
ctracdL In this s(ate of the trade, 
aaope disgraceful, and more painful^ 
CtrcuflMtauoes occurred than before,-— 
The iUkk traffic arose out of the par- 
tial abolitJoDt and out of the facilities 
that the eeesaiioa of belligerent rights, 
in consequence of the peace, created. 
It was infimtety more^easy in peace 
thaa daring war* With toe view of 
rtoiedying (his evil, the powers of Eu- 
9ope, tor the Jrst tiaae, ne believed, in 
diplomatic history, gave to each other 
the right of visit over their merchant- 
flMfi. Aware that no independent state 
would eoDsent to any unjustified inter- 
fintDce vrith its flag, they contracted 
that no visit should be made hr a na* 
val eommaader, without his navlng 
special instructions for that purpose ) 
aliid that detention should not take 
plaoei unless slaves were actually found 
ou board. The power with whom the 
present treaty vras contracted, afford- 
ed'by its flag more proteption to iUi- 

cit slave-traders than any other nation. 
This resource was now taken from 
that baneful evil. Portugal also hsd 
been the first to concede the right of 
visit ; and a treaty with that power 
had been signed, fixing a period for 
the abohtion. It was not presented, 
only because the ratifications had not 
been exchanged. Spain could not yet 
be expected to make the concessions 
it did, without some compensation.— 
With reference to the pecuniary com- 
pensation, amounting to 4<X),000/.> 
which it was stipulated by one of these 
treaties Spain should receive, he had 
to state, that so far was this from be- 
ing the only motive on the part of the 
court of Spain, for acceding to the 
treaty, that the Spanish merchants st 
the Havannah had offered five tim^ 
the amount for the privilege of still 
continuing it. On a former occasion, 
an offer had been made on the part of 
the British to the Spanish government! 
of the sum of 850,000^. upoa the con* 
diiions contained in the treaties now 
concluded, together wkh a loan of 
10,000,000 doUars, in consideratioii 
of an immediate abolitioii ; and this 
offer had been refused. Not a voice 
was then raised in Parliament to dis* 
approve of this ofier, as excessive or 
impolitic. But however that propo- 
sition might have been thought wise 
at the time it was made, he lepeateds 
that it was a miUstone about the necks 
of the British government io the late 
negociation. Claims, to an immense 
extent, had been advanced ; and it was 
with great difficulty that the stipula- 
tion was reduced to the sum of 400,000il 
He trusted that this question vfould 
not be in any degree mixed up with 
that of South America ; and that there 
wouldbe a feeling of gratitude to Spain* 
for the exertion we was about to oHike. 
Spain intended not only to abolish the 
slave-trade as far as she was concern- 
ed, but to effect what would be tn fact 
its complete aanihilatiosu It vras evi« 

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Cmaf. 7.3 



dMt tbat k coold sever htve been id>o- 
Uibed but for Spaiiu 

Sir Gflbert Heatbcotei tbougb an 
enemy to tbe shfe-trade, could not 
belp regretting that %o codiiderable a 
aom of money shoald be voted at the 
preaent period. He wat of opinion that 
the 4O0»000t might be much more ad- 
vantageoutly distributed in this coun- 
try, It would furnJih the means of 
giving to 8000 individuals khe sum of 
dOL each. Without touching on the 
question between Spain and America^ 
ke Bifght say, that the revolt of the 
Spaaiah colonies in South America 
was notorious ; that several of those 
cokwiea had established their indepen^ 
4leBce ; and that probably the whole 
of Spanish America would eventually 
he eaaaocipated. What would then be 
the attvation of Spain with reference 
to denial possessions ? Whether in 
peace or in war^ the people of thn 
coontry were> it seemed^ to be goaded 
ioto littdoess by iacesaant demands oft 
their pockets. It was impossible that 
we coold thus continue to be the ge- 
aenl paymasters of Europe. If we 
^exe to be compelled to pay money 
for aoy phantasy which might enter 
into the bead of any monarch, he could 
not ace how it wotdd be possible to 
■olir the income of the country meet 
tb$ amuial eitpenditure. 

Mr Wilberforoe confeiMed his sup- 
priae at the observations of the honoui^ 
aUe Baronet. He was persuaded that 
the House would think that the sum 
of 400,000^ coold not be better ex^ 
pcaidfd than m the way promoted. As 
to the proposition for granting 50L 
cscb to 8000 individuals in this coun* 
trf, the honourable Baronet forgot* 
that if the 400,000<L were not voted 
§ar the purpose under discussion, it 
wroold not be voted for any other. If 
it weie divided anu>ng the whole po. 
onlarion of tbe empire, it would only 
be twopeaoe halfoenay per nsan. As 
most seriously imerested in the 

abditibik of the 4la<re4radd, he mnit 
say^ that he thought the nobk Lard 
entitled to his warmest gratitude, for 
the efforts which he had madd during 
a long course of diplomatic attention 
to the subject, and for the suotesafol 
issue to which he had eventually 
brought those efforts. He fi^s san- 
guine enough to believe^ that he should 
mmself see thu oouotry beginning to 
derive the greatest advantages from its 
intercourse trith a pe€>ple no longer 
classed with the beasts 6f the StM^ 
but invested with the moral dignity 
that was the undoubted ittHbute of all 
human beings. At that Very nsotneftt, 
there Was on the coast of Africa a fiise 
commtinitv of froih H) to 19^000 men, 
chiefly Auicans> litinff under the in- 
flnence of the British lawf and advan- 
cing raoidly m the path of oivilbatioa. 
It would be an interestangt and atri- 
kilig, and gtorious aeene, if we should 
form a conneaioi vrtth the InSeriatr, 
which would more tliau donlpHMaie 
for all the trouble and eipenea of our 

Sir Oswald Mdsley made m speech 
somewhat akin to that of Sir Gilbert 

Sir James MackiotOiht tftar hear- 
ing such opinions from two sndepenN 
dent country gentlemen, could no 
longer think of jiving a sikat vote. 
He concurred with them entirely in 
their zeal for economy. He had the 
same opinion of the faith of the 8p»- 
oish firovemmeBt, and the aame fialiaga 
for the people of Soiith America^ If 
he said no more on these subjects 00 
the present occasion, he must pmtest 
against his silence being imputed t6 
lukewarmness or negligence. It arose 
from hn deep conviction, that the abob 
lition of the slave-trade was the most 
important question which could be 
discussed in the House of Coa sm o BS » 
•*-«a ouestidn to which every other ob^ 
ject, however intere8ti«|r or important^ 
ought for the tioM to yield. Both hii 

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honoarmbie friends liad'oyferlooked the 
most importantt perhaps the only very 
importanty part of this treaty. It was 
.not only a treaty of stipulation, but a 
treaty of reflation. The right of 
searctiinjr, or detaining, and of bring- 
ing in for condemnation, all Spanish 
ships detected in the crime of slave* 
trading, ensured the performance of 
'the engagement. Without the right 
of search, all promises to abolish were 
iUusory. The right of search was 
, practical abolition. It was obvious, 
that the right of search must be reci- 
'procal. For himself, he felt a pride in 
. the British flag being, for this object 
alone, subjected to search by foreign 
ships. He thoueht it a great and 
•striking proof of magnanimity, that 
the darling point of nonour of our 
•country, the British flag itself, which 
-** for a thousand years had braved the 
battld and the breeze,'^ — which had 
-never been lowered to an enemj,-^ 
which had defied confederacies of na- 
'tions,-^to which we had clung closer 
and closer as the tempest roared around 
us, — the principle of our hope and safe- 
•ty, as well as of our glory,— -which 
had borne us through all perils, and 
-raised its head higher as the storm as- 
•sail^ US more fearfully, — had now 
risen to loftier honour, by bending to 
the cause of histice and humanity. Our 
pride, w^ch never shrunk from the 
most powerful enemy,-^our national 
jealousy, — our most cherished pr^udi- 
ces,— -were thus voluntarily suspended. 
Thst which had braved the mighty. 
Slow lowered itself to the feeble and 
defenceless, — ^to those who, far from 
beinff able to make us any return^ 
would never hear of what we had done 
for them, and probably were ignorant 
of our name. 

: Mr Bennet said, there was no per- 
«on who felt more deeply than he did 
the calamity under which this country 
suffered from the heavy load of taxation 
Ander which it laboured; yet be be^ 

Jieved, that if they went from house to 
house, they would have no difficulty 
in r^isin^ a^ contribution for the pur- 
pose of putting down this traffic. He 
expressed, however, gre^t doubts as to 
the sincerity of France in the execu- 
tion of this treaty, which LordCastle- 
reagh assured him were groundless. ' 

After some farther conversation, the 
motion was carried, by a majority of 
56 to 4. ' 

On the 18th March, Dr Phillimore 
raised a question respecting the pro* 
prietors of Spanish captured vessels, 
who had obtained, in British courts, a 
sentence of restitution, on the credit 
of which, perhaps, advances bad been 
made to tnem. Yet they were now,, 
in consequence of the late treaty, re- 
ferred to their own govemtnent, which, 
perhaps, might pay little attention to 
their claims. He asserted, that the 
character of British courts required 
the fulfilment of all proceedings actu- 
ally terminated, though it mignt stop 
those which were in progress. ^ 

. Lord Castlereagh rephed, that, by 
the law of nations, every government 
had the power of msjeioga com* 
position for the claims of its own 
subjects, against another governmenti 
Such a composition had been made by 
^pain in the late treaty — the sum paid 
to her being understood to be in full 
•of all claims of her subjects upon Bri- 
tain, t 
. This argument was disputed by 
Mr VVynn, i>ut acquiesced in by Mr 
Broughato and Mr Wilberforce; and 
the motion was negatived without a 
division. . i.: 
. Considerable efforts were alsa made 
this session by the friends of the ^f 
lition, to ameliorate the conditiqiLof 
the Afric?ina^ actually under bondage 
in the West Indies. 

Mr Wilfeerforce, on the 22 J April, 
in moving for some pa|»ers on the sub* 
jeqt, observed) tbe act which made the 
traffic iaslaves felony, did great good i 

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Ch^f. 70 



bal more tlian t£it was required. It 
was necessary to make it so clear, so 
pal{»art>le»so undeniable, that fresh sup. 
plies of slaves were not to be obtained ; 
that their masters must look upon it 
as a thing quite impossible. With this 
▼iew^ he considered the plan of regis- 
tration as highly expedient, and erep 
■necessary. He had agreed, however, to 
ooke the experiment of what would 
be done by the colonial legislatures ; 
^xk^ the object of his motion was to ob- 
tain information upon this subject. It 
might be said, that these proceedings 
ought still to be left to the voluntary 
zed and to the efiForts of the affluent 
and liberal members of the West India 
body : but it had ever been to him a 
subject of deep, regret and continued 
disappointment, to see that more en^ 
lightened portion of thecolonial interest 
making common cau$ie with classes of 
a different description. He then mo- 
ved, << That there be laid before this 
House, Copies of all Laws passed in 
or for any British Colonies since the 
year 1812, and not already presented 
to this House, respecting the condition 
and treatment of Slaves, or the preven- 
tion of the illicit importation of Slaves ; 
and also respecting the condition of the 
free coloured Population." Mr Goul- 
bnrn and Mr Marryat declared their 
readiness to support every measure to 
prevent the farther importation of 
slaves; but wished this to be done in 
a concifiatory manner towards the co- 
lonial legislatures. The motion was 
however agreed to, as also several 
others, tending to throw light on the 
present state of the negro population 
in the colonies. 

Oa the same day, and afterwards on 
the aotb May and the 3d of June, 3ir 
S. Romilly called the attention of thp 
House to different actsoJF^rueltv whiqh 
.had been committed against sutves in 
the islands of Dominica, Nevis, and St 
Christopher's. From the proceedings 
.of the grand jury of JDominica, he quo* 

tied the foUawingcases : —JoHriBaptiBte 
lA>uis Birmingnam, doctor of medi- 
cine, was charged with having violent- 
ly, cruelly, and immotlerately icourgcd 
and flogged certain at^ives^ the proper- 
ty of, and belonging to the sajd John 
Baptiste Louis Birmingha.m. If the 
slaves had been guilty of the misde- 
meanors with which they were /char- 
ged» they were liable to 39 lashes ; but 
they were not found guilty ; and yet» 
as soon as they were acquitted, they 
were brought out into the public mar'^ 
ket-place, and underwent the penalties 
limited by the law. This bill was 
thrown out by the grand jurv. Ano- 
ther case was that in whiph Johi^ 
M'Corry, Esq. was charged with ha- 
ving, with cords, whips, sticks, and 
rods, immoderately scourged and flog- 
ged his slave, Jemmy^ who, it was sta- 
ted, had been guilty of drunkenness. 
Quarrelling, fighting, neglect of duty, 
absence from labour, or absence frooo^ 
the plantation, without a written pass. 
This bill also was thrown out. A 
third case was (and a most horrible one 
it was^ that of Alexander le Quay, of 
the said island, planter^ who was char* 
ged with having assaulted his female 
slave, named Jeanton, and that he did 
confine the saidJeantonin an iron chain, 
by affixing and fastening the same with 
padlocks in and upon the neck^ arms, 
and legs of the said Jeanton, such pu- 
nishment not being prescribed in and 
by a certain act of that island in such 
case made and provided ; and it was^ 
farther charged, that the said Alex- 
ander le Guay maimed, defaced, muti- 
lated, and cruelly tortured the said Jean- 
ton, by fn^cturing, and causing- to be 
fraptured, her arm. This bill likewise 
was thrown out. But not contented 
with this* the grand jury thought fit to 
declare* that tnese several indictments 
were nothing more nor less than nui- 
sances. There was a general concur- 
rence in opinion in tle^Vest India is- 
lands, that nothing was more improper 

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tbftn to iifterfete betwien tttiter nod 
^ve t it was thought to have t teii'^ 
4etiey to excite a dispotition oh tiM 
part of the slaves to retolt. If it wefe 

iossible that there conld be any check 
ittti to grand juries aiid to petty iu-^ 
ries fat Dominica, it was proper that 
that should be given. He confessed 
that he was not able himself to suggest 
ant- remedy, and he was disposed to 
think that no remedy could be procu<» 
red but by the interference of the Bri« 
Cish legislature, and by their imposing 
t duty upon persons in the island^ un* 
Connected with the island, having no lo« 
cal tie to it, and comparatively without 
Interest on it, to cause them to main- 
tab the kws. The only effective re- 
medy, in his opinion^ would be that 
^hich had been recommended br Mr 
Burke to Mr Dundas, and published 
In his posthumous works, which was, 
to constitute the Attoniey-general in 
^^rj island grnardian of the slaves, to 
make it an essential part of his duty to 
interpose between the master and the 
dave when there should be a necessity. 
In regard to Nevis, Sir Samuel obser** 
ted, that he had formerly occasion to 
advert to the conduct of a Mr Huggins, 
who had been left manager of a Mr 
Cottle's estate in that itland. It ap" 
peared, that two youn^ men, slaves, 
hud purchased each a pair of stockings 
from another slave who had stolen them. 
It did not appear, however, that the 
purchasers had anv knowledge of the 
property beHi? stolen. For this crime, 
nevertheless, they were to be punished, 
it being argued, that the man who sold 
the stockings, being a bad character, 
the parties ought to have known him. 
Ther were accordingly sentenced to 
160 lashes each, though the law limits 
the number to 39. Mr Hu^ins was 
present at the infliction of this punish- 
ment, as were also two female sbvel, 
one the sister» the other a near relative 
of one of the culpnts* These poor 
women, on witnessing the pamahinettt 

of thtfir firMdi, riifd tMt; lad fftr 
tbis hcinout crime Mr Hugghtt, thtik* 
tag it fit that they also should be fbg^ 
ged, ordered them to r«oeive» one tS 
and the other ^ lashes, which vrere in- 
flicted with a carter's whip. For this 
offence Mr Huggins was indicted, he 
Was triad before a petty Jury, aad 
though the facts wete clearly proved* 
and though no defence had been iAade» 
save an i&gation of riot, it^ich wis 
also disproved by evidence, it was a 
singular f$ct that Mr Huggins was sc^ 
quitted. His motion relative to St 
Christopher's vras occasioned by a co« 
roner's inquest which had sat on the 
body of a negro, noiied Congo Jack. 
A ilev. Mr Rawlins had the manage-^ 
ment of an estate in St Christopher's 
belongring to a Mr Hutchinson ; a slave 
had ran away from it On the Tuesday » 
was uken and brought back on the 
Wednesday, flogged in the severest 
manner on Thursday, and chained with 
another slave who had committed some 
offence, and dragged to work with the 
rest of the men on Friday morning | 
he was still chained to the other sh^ 
and when brought to his work he wai 
incapable of doing any thing, and com^ 
plained of severe pain, hunger, and 
sickness,--he tried to he down in this 
state, but was severely flogged by thp 
sticks of one or two drivers. The 
consequence of this brutal treatment 
was, that the wretched being died ih 
the course of Friday* actually chained 
to his fellow akve. He viras buried 
privately on the saaoe day, and no co- 
roner^s inquest was at the moment ca^ 
ed, though his body was covered with 
marks of violence. Sonoe intimation 
of this crudty had been given to the 
magistrates, and a coroner was then 
ordered to art on the body, which 
was dug up for examination. It ap- 
peared, by evidence given on a sub- 
sequent triaU that . the most visible 
marks of violence had been found on 
his body j yet the coroner brought hi 

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tiUf terttst, « Dfed hy tbetiiiMiofi of 
OoAJ^-^lto Ttflftti tbest db i cif ad fl m» 
11 wm urged by Mr GouHmnif Mr 
MtAT^t, imd tevtnl otb^r WMt lodk 
|6«tlefBiefi| thtt tke fteti aUeged rilted 
tti matij CM«* upon iragae report, tod 
i»«i« tiea% eiag^geimted ; that ther 
wtM At best oidj lodiTkbal caset^ aod 
«Mld not be taken •• speciment of the 
geaettl conduct of the pbntera ; that 
laeh iaataiices oecorred only in the 
taiattor iafainds, where tocietj was less 
iaiproTed thaa hi Jamaica aad the 
greater ishods ; atid that, after all, it 
was HDposs&le for Parltament to re»trf 
a eaae whkh had been already tried bc^- 
Ibre a coospetent tribanal. The mo- 
tUHM of Sir S. Romilly were howeter 
tarried, and a commtttee appointed to 
faiqatte into the ctrcnittitanoes which 
had taket place at Nevis. 

In the coarse of the .Session^ treaties 
of a satiaCKtory nature on this subject, 
with the Kings of Portugal and vA the 
Netberiands, were kud upon the taUe 
of the House. 

A ooasideraUe diseuasion was creft« 
tad by the proposition introduced by 
Lotd Castlereagh on the 5th May, for 
the renewal, during two years, of the 
Aiiea BilL His Lordslup obserred^ 
that the measure which he was thus 
Moposiuf^ to the House, was perfectly 
diitoict mm the war alien bill, which 
was first introduced in 1793. When 
that bffl was introduced we were not 
aierdy at war^ bat at wUr with a power 
which acted on a system of sending per- 
sons in disguise to those countries with 
ivUch it was at war, for the purpose 
of producing conrulsions in them ; and 
in i3ie part of the country with whic^ 
he was more immediatelir connected, 
tbese emissaries were onen but too 
tucoessfuL The consequence was, that 
didiensr on the face of their coming 
herei weite open to suspicion. Aliens, 
the aiOflKnt they were admitted into 
the country, wttt aaiiguedft paiticukur 

part for iMt nMmoiff wtfw photd 
under die soperifltefldtoce of the magi^ 
strwyi and were not dlowed to proceed 
asOre than ten miles from their place of 
ivsideaee, without obtaining a certili«. 
cau from a magistrate. At present^ 
on the contrary, they were no longed 
confined to a [Miitieular place of resi^^ 
deuce, bat it Was at the same time aU 
lowed to the itoagistrates and the statt 
to feitiove any individual whose con^ 
duct led to the supposition that ht 
was abusing the hospitality which h^ 
had received The war alien bill, ther^w 
fore, viewed all foreigners with jealousy ; 
but the peace bill considered thein M 
as coming for commereial and iutiocent 
purposes; but still not so complete!)^ 
so as that the government should bb 
disarmed of the power to remanre them, 
when their conduct rendered such k 
step necessary. During the last sis 
rein not more than tone individuals 
had been lent out of the country ; and 
during the last two years only thretf, 
of wbHH two were sent out in 1817, 
and only one in ISlS. The most sc^ 
riotts nrischiefs had arisen in a neigh- 
bouring country from the want of such 
an act. In the kingdom of the Ne- 
therkods, where there was no alien 
hw^ a number of unquiet spirits had 
taken up their residence and nad otf^ 
uised that system of warfare againK 
the <yiFerent states of 'Europe by meaua 
of the Jouraals of which ther became , 
proprietors and otherwise, which hsd 
made the press of that country a scau- 
dal to Europe. There, too, seveitd 
insurrections had been organized a- 
gainst the existing order m France, 
partieulariy that vrhich had in view 
the assassination of the Duke of Wel- 
lington. Matters at present wore « 
favourable aspect in France ; but on 
the withdrawmg of the army of occu^ 
pation every precaution might be re- 
qutsite.*^The measure met with a 
atreuttous opposition from Sir 8. Ho* 
flfiOy, who observed, the biU went op* 

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Da H pTiocipIe, wliSdiy fhougl^'' ne^er 
openly mTowed, was now indirectly 
stated* namelyt that the ^OTerament 
of this country was, to minister to tibe 
despots of Europe. Instead of Eng* 
land bdog what she always was, an 
asylum for the oppressed of all nations* 
jshe^was now to be turned into a sort of 
depot for the persecuted, from whence 
iheir tyrants might have them brought 
back at will. Every man, no matter 
of what country or creed, had always 
looked in his distresses for an asylum 
jn England, and had always found that 
which he sought. Why should that 
great character be now taken away 
from us ? The number of aliens wast, 
he believed, not less than 20,000, every 
one of whom might be removed, if. any 
person were found from some, perhaps 
private motives, to give false informa- 
tion against them to government. This 
he thought a bost obtectionable mea- 
sure, to place men who had adopted 
this country from choice* and who 
might also be considered as natives of 
it* at the disposal of the head minister 
of the police of this country.. By a 
.majorityj however* of 55 to 18, leave 
.was given to bring in the bill-— ? At thje 
second reading, on the 15th -May* Mr 
Lambton vehemently opposed the foea- 
.sure, throwing out at the sapfie tjo^ 
severe strictures on che general systeqi 
of the British cabinet. In 1793* the 
.alien bill was first passed, on the pre- 
tence that we were thrpa^tened with 
great danger from the resort of foreign- 
ers to this country. I^e would no^ now 
enter into the question, whether this 
pretence had or had not any founda- 
tion in truth $ but certainly, whatever 
. grounds there might be for an Alien 
Bill in 1793, there could not be the 
same now. That bill was a war mea-' 
.sure; and stood on decidedly distinct 
.and separate grounds; and unless it 
could be proved that danger was to be 
.apprehended to the tranquillity of our 
,own government from thp machina- 

tioQS of aliens, whbs^ too^itries were 
in avowed and open hostility to ns^ he 
•must assert that no precedent could be 
drawn from the adoption of that mea- 
sure. We were now at peace and amity 
with all the European world— all re- 
volutionary doctrines had been annihi- 
lated by the sad experience of the last 
twenty-five years* their fervour and 
violence having subsided first into a 
nnlitary* and latterly into a legitimate 
.deSpotii^m. In every corner of Europe 
had legitimacy raised its head. That 
cause had been strengthened by the 
treaties and associations of monarcht, 
and acknowledged as the watchword 
of peace by the noble lord himself at 
■the Congress of Vienna. In further- 
.ance of that object he had planned and 
^execiitf d the spoliation and partition 
of whole countries — divided popula- 
itions possessing the same manners^ lan- 
guage* and customs— separated sdb- 
Jects from a monarch whom they ro- 
. spected and venerated— handed over in- 
dependent slates to sovereigns whp^ 
rule had been immemorially the object 
.of their, detestation ; ^nd,in the nicety 
- of his calculations* as purveyor to Icgi- 
. timacy, had even divided his human 
. mcrc|iandise into souls and half souls; 
and all this was perpetrated to ensure 
the s^tt^y of legitimacy ; and accord- 
ing to the noble lord's mode of rcason- 
, ing, the general peace of Europe. Bat 
had he not succeeded in all these ob- 
jects ? JHLad one single event occurred 
..since the period of these proceedings 
. to justify the present measure i Every 
act of spoliation had been carried in^o 
. effect ; and, accordine to. the noble 
Lord's own shewing* there was no dan- 
ger* no hostility to be apprehended 
from any foreigners whatever. He pro- 
tested against Britain ceasing to be the 
refuge of the victims of tyranny and 
oppression on the continent* particular- 
ly in France, — the system pursued m 
whicli country he severely reprobated. 
Mr Lyttelton, Lord polkstone, a^d 

Digitized by 


Chap. 70 



Mr F. Soli^^M^fonowed dD the same 
ttde; and bitter taunts were thrown 
40& «gau><t ouoister8» who^ trusting to 
the majority of which they were se- 
Oire» did not even youchsafe a word in 
fC|ily« The bill was carried by 97 to 

is. . 

On the 1 St June, at the proposal* for 
oommitttog the bill in. the Lords, it was 
suennously opposed by the Duke of 
SBMez^I^rdHolIandy and the Marquis 
of Lansdowne, but carried by a majo- 
lity of 34 to 15. Discussion^ however, 
arose on a clause introduced in the 
committee, subjectiqg to the provisions 
of, the act those who, since the 28th 
Aficip had become naturalized^ in vir- 
toe of aa act of the Scotch Parhament, 
hf ibc purchase of a quantity of the 
Slock of the Bank of Scotland. This 
act, the existence of which was till' 
4|icp luiknown in England, had been 
-ateatioaed by Lord Melville, in conse- 
quence of information received from 
sone of the directors of the Bank. 
•Si&ce the 28th April, forty-nine per- 
sQBt bad purchased shares, with the 
jupoaed view of obtaining the benefits 
dTaatmaliaation. Lord Holland saw 
-aa: jciaon which could justify the 
Hbase, at ao late a period of the ses- 
-^os^ in admitting a clause whjch so 
.laterally affected the rights of pro- 
^tKtf^ tbe interests of the Bank of Scot- 
laad^and the laith of the nation. Some 
■*fttlrr^ diftcaltiea having arisen as to 
the evidence before the House, of the 
nanirnirr of the act, the Chancellor 
huDjtd a clause obviating these, which' 
r Xhe bsU waa now brought back to 
thr.Hoase .of Commgna to obtain its 
a f pecon en t to this clause, which was 
moved by Lord Castkreagh* . By the 
vernal of the. obsolete Scotch act 0f 
IttS, all the operiose provistpiis of thye 
siiisui lor regulating the privileges of 
ttensyjiiere to bo defeated and render- 
ed aaIL«ad void» witbput even demand- 

ing of the alien any of the oaUis or 
tests prescribed by Jaw. These per- 
sons had pbtaiced their rights by fraud 
of an act of parliamenU It would be 
monstrous to sacrifice the public in* 
terest and safety to a technicality of 
law— ^nd that having framed a bill to 
guard against and regulate aliens, the 
kgislature should be defeated in its 
object by an obsolete act of the Parlia- 
ment of Scotland, by which all puff- 
chasers of the stock of the Bank of 
Scotland took themselves out of the 
clasp of aliens, and of course freed them- 
selves from the operations of the bill* 
The retrospective nature of the claUse 
had been complained, of. This was a 
quality,' however, very usually to be 
found in acts of Parliament. NothiRg 
, was so common as in a bill augmenting 
the tax upon a particular commodity, 
to make it operate back to the period 
at which it wa& introduced. Sir S* 
Romilly replied. He could not con- 
ceive it possible that the House, if it 
.had the least regard to principle, if it 
.was not determined to act in violation 
of all law and all justice, would not 
> consent to appoint a committee for the 
. investifl^on of the subject. Did the 
noble Lord — a minister of the Crown, 
high in the confidence of the Prinee 
Regent,— mean to assert, that it was 
not perfcctly justifiable in those per- 
sons to purchase the stock in question, 
.in order to become naturalized i Why, 
•it was the advantage h^d out in order 
• to induce aliens to become proprietors 
of the Bank of Scotland stock. When 
. the Bank of Scotland was established, 
.which was a year. before the establish- 
ment by charter qf the Bank of Eng- 
. land, it ^ad ai>oon offered to aliens to 
tempt them to become proprietoi^. 
This boon the individuals in question 
had accepted, and now the noble Lord 
called that acceptance a fiaud on ^n 
act of Parliament! To take it away 
, would be a fraud on. the part of Par« 

Digitized by 



ttmetit; The Attorney^Geflerttl ds- 
fended the cUnsey trhich would donbt- 
lesa have been cairied, had it not been 
discovered, in the course of the debate, 
that there were some alien-dudes, as 
well as fines to which aliens might be- 
come subject ; which particulars gai^e 
to the act the character of a money- 
bill. It is considered an immutable 
privilege of the Commons* that nothing 
of that kind shall come down from the 
Upper House* On the motion there- 
fore of Lord'Castlereagh himself, the 
clause was disagreed to nem. con. 

This rejection being announced hi 
the House of Lords, the Eail of Li- 
verpool moved, that the House do not 
insist upon their clause. He at the 
same time expressed hit strong con- 
viction of its propriety, abd trusted, 
that the Commons would themftelvtfs 
bstitute some meaaum <td the tafiie 
tffect. Lord Holland, were it not for 
the state of humiliation in which the 
House was placed, would have been 
disposed to consider th^ wholtf pro- 
ceraings relative to the clause in quet^ 
tido, rather as a subject for mirth and 
pleasantry, than for serious consider- 
ation. The whole tendency of the no- 
Ue Earl's ar^ment was to prove, that 
their Lordships wodM have acted most 
ptej>osterottsly had they not adopted 
this clause, and that the Commons 
have done wrong in refusing to agree 
to it I and yet he concluded with pro- 
posi^, that it should now ht reject- 
ed. £iarl Gttj moved that the debate 
be delayed till Mon^y next, and that 
the Lords be summoned. This was 
rejected by S2 to 21, and Uie origioal 
BBOtion was carried. 

Lord Castlereagh n5'w judged k ne- 
cessary to introduce some measure in 
the room of the last clause from the 
Lords. In consideration, however, of 
the advanced state of the setsion, be 
merely moved th6 suspension of the 
Scotch act, and of some sisiibir acts 

winch had been discovered nlative to 
other corporations till ne^t sessioa^ 
When they might be takea fufif ints 

Scarcely any oppositidn was made 
Co the motion ; it bein^ admitted, even 
by Sir James Mackintosh and Mr 
Brougham, to be hiexfp^<fiedt, that 
natnralization should be obtained in 
this easy and un^arded manner ^aad 
the measure havmg no longer any fd- 

On account of the approaching dose 
of the session^ the staadrag orders weie 
suspended, and the bill passed in one 
day through all its stages. The umt 
sumrnary process took place in the 
House of Lords, though not witboat 
a vehement protest from six of the op- 
position members. 

Sir Francis Bordett, this yaar^f^ 
■ewed his motion for a reform in Psr- 
itament. Hit speech neoessmly wtfit 
over nearly the same ground as in iIb 
preceding Session. He endeavoustd to 
trace the proposed systeia of frae tkc* 
tnm to the earliest stages of £aglith 
hittoty. He supported the UffH^ 
principles of anaual paritaaaeiits, aai- 
versal suffra^ne, and election by ballot 
He coftcluded with moving tweatf- 
six resolutions, the substance of which 
Was then coooentmted into six, exhi- 
bit^g thtf plan upon which he pso- 
pased that ParHaamt should be ro- 

Lord Cocfaraoe seconded the ato- 

The principal feature in thedebtte» 
however, consiated in the ^eedi of 
Mr BrougKan, which was supposed 
to emboily the principles of tint mo^ 
derate reform advocated by the Whig 
leaders. Ha professed himself so be 
an advocate for reforai ; but it was, 
thmigh in hisopbioa an eficient, tcta 
moderate one, when compared wkhthe 
phu whidi the Ho«m had jost haatd. 

Digitized by 


Chat. 7.] 



Those who tvguedt tlutt M r»fona 
wlwtef or wouU lead tQ Uhb dtftrucUQit 
of the ooBfttitution»-^-tbe7 who pro- 
ietied t h q pael v et 8«ch ooequee tp ihe 
wfy nrme of leformy— bad beiNi« io 
pcacdoe, tnParUameat ilselft the gitfit^ 
dt of all reformers. They, or thftr 
•olleagaet in Irelandf had altered (he 
ifMlifieatieos of electors-had chaoged 
the elective fraachke. They had let 
in one ckss of electors to-day, aad 
they had let io another class to-mor- 
row. They had proceeded through a 
lan^ cowae of chaises all eminently 
iDlttled to the name of Parliamentary 
arforoiy aad had only stopped when 
dKy tenainated their career by a i>ar* 
fisflKntarr revolationrr-lhe anaihila^ 
tioa of tne Parliament of Ireland* by 
the vaion of the two kingdoms— a 
aMasnre for whidi he was cordially 
tfaaak^ although he cou)d not ap« 
MOfe of the means by which it had 
Kca e&etedi for that measure had 
heea» perhaps, more beneficial to the 
eaipiii^ than aU the more baoefol acts 
•f ^ individiials hfy.whom it had been 
aeQom|diahed had beeu injurioua to it. 
As to thetrmn of argument, hpweTer, 
Mrmed bw his hoo. friend, he must 
le allowea to say » that he never heard 
acy thiog anore inconduaiva. The 
Mu baraoet* in his elaboratelT reasoa- 
td xas^iitioDa, had confined himself 
to oat epeoi^ of authority, not found- 
ed on the Statute Book^^not derived 
froaa Magaa ChartaT^whtch did not 
ssst on the dicta of any of the judges, 
or OB the rcstdutioas of this or the 
ether beanch of the legislature, or 
efenoB Aa learned ticatises which his 
hoo* friBDd hadao oftea sefinsred tOy«« 
audi aa Mr Pryaae's aod otherv**-but 
aspedeaof audiority which ranked in 
Ms cslMiation lower than the least, 
the apoecfaea.Bom the thrpne. These 
ipaetBea weve neither more nor lesa 
tlan die coaspoaitiQfi of the king's 
Ministers, aod they were dways view- 
ad and treated as such by Paniament. 

The addresses, which echoed back thf 
tale, were never understood' to pledge 
stay member of that House to any par« 
ticuhir vote uoon the many questions 
that arose in the course of the session* 
A Kiog's speech was usually known 
as a yagu^ qnroeaninflr, generd com- 
position, in whi^h as uttle as possible 
was to be sud in a large number of 
ojvil aad sounding phrases. Although 
it should be proved, that anoud par** 
liasieqts and uuiversd suffrage were 
the ancient law of the country, it 
might still be one of the n^st vision* 
ary doctrines that ever entered into 
the bnuns of a projector, to introduce 
them at present, if they were not 
adapted to the present slate of thinsB. 
With respect to universd suffrage, hia 
hon* friend was a little more pressed 
for authorities* Here the royal ora« 
tions failed him* But he would ven- 
ture to say, that the authority of the 
Kind's speeches with which he had 
garnished his resolutions, was not 
more flimsjF thaa the quotations front 
the old wnts with which he had gar- 
nished his speech. If Mr Fox's opi* 
nson had reallv been in f^ivour of ra« 
dical reform, he would, indeed, have 
considered the highest respect due to 
it* But if that illustrious person were 
present, no little man — the honoura^ 
ole baronet, and himsdf, and all of 
them, were little men compared to 
Mr Fox, therefore he could mean no 
disrespect-^-no little man could ob- 
trude his own crude nations on such 
a subject. He grieved that his author 
rity had be^n brought forward as ha-* 
ving once sanctioned what every one 
knew he had never acted upon. The 
honourable baronet inferrea Mr Fox*a 
assent to the principle of universd 
suffrage, from the circumstance of hia 
having put his name as chairman to 
certain resolutions. In the name of 
all chairmen of public meetings he 
protested against this doctrine. Every 
chairman, as matter of courtesy as 

Digitized by 


142^ EDINBURGH ANNUAt REGISTER, 1818. CP*ap. 7. 

irtH as duty, authenticated the reso- 
Tutions. of a mectiDg over which he' 
presided, and, by so doing, only laid, 
** I attest this to have been the sense 
of the naeeting/* 

' Mr Brougham took occasion to ob- 
serve, that ne did not join with many 
in admiring the silent mode of elec- 
tion* The old established manner of 
election in all times was^ that they 
should be attended with some bustle 
SInd even confusion. No harm ever 
eame of soch proceedings. They did 
much good to the constitution ; they 
"kept up popular spirit, and had salu- 
t\ry effects upon the minds of bad 
rulers. He, for one, had no desire to 
see the accustomed fori strepiius su- 
perseded by the flat and spiritless 
tameneSs of a vestry qneeting, which 
the doctors of the new school had pro* 
nounced to be the perfection of elec- 
tion proceedings* Mr Brougham, in 
fine, honestly confessed, that some 
chakiges had taken place in his opinions 
on this subject, by which he could 
neither be suspected of courting po- 
pularity^ nor of seeking to gain any fa- 
vour with ministry, fie now, though 
he did not strongly object to annual 
{Parliaments, was of opinion, that trien-* 
Aial ones would be preferable, and he 
was disposed to think that an exten- 
sion of the right of suffrage to all 
j^ayers of direct taxes was too large. 
He was convinced that the inclusion 
of persons paying direct taxes, and the 
exclusion of those who paid indirect 
imposts, was liable to the charge of 
inconsistency in principle ; that con- 
sequences, absurd in reasoning, and 
dangerous in practice, would result 
from making the franchises depend on 
any particular mode of contribution 
to the public revenue ; and that a bet- 
ter method of fixing the qualification 
mifi^ht be obtained from the amount 
and kind of property possessed. As 
for universal suffrage, or the doctrine 
which aevered the elective franchise 

^together from property, 4ie begeed 
leave to observe, that he never had at 
any time held it as less than the utter. 
destmcdoa of the constitution; he: 
need not add, that he had never givrnr 
it the slightest countenance or sup* 
port. ' • 

The motion was opposed by Mr 
Canning and Mr Lamb. When put 
to the vote there appeared against it 
106 ; for it, only Sir Francis Burdett 
and Lord Cochrane, the two tellers,* 
but having no votes to tell. 

The inquiry into the poor laws, aodv 
the efforts to effect their melioration, 
continued to be prosecuted during the 
present session. At its very com- 
mencement, Mr Curwcn reproached 
ministers with not havine introduced 
the subject into the Royal speech^* and 
made it a government question, with- 
out which, in his opinion, .nothipg 
could be done. Lord Castlereagh 
observed, that from the zeal with wlucli 
Parliament had taken up the questioa 
in the last session, ministers thought it 
would be improper to interfere, 
until the legislature had brought the 
business to a satisfactory condusioo* 
He was of opinion, that the subject 
ought to be taken up on its own 
merits, and not as a government ques- 
tion ; but ministers would feel it .their 
bounden duty to use their utmost ex- 
ertions, in o^der to bring the matter 
to a satisfactory result. On the 4th 
February Mr Sturges Bourne moved 
and obtained xhe reappointment. of the 
former committee. On this occasion, 
Lord Castlereagh, in reply to the re- 
peated strictures of Mr Curwen, sta- 
ted that all the members completely 
concurred upon certain important radi- 
cal points, and on these points, th^- 
Core, he would recommend that some 
legislative npeasure should at once be 
brought forward ; for he was an ad- 
vocate for the practical a m end m ent 
and gradual amelioration of this systens# 
being convinced that nothing lise that 

Digitized by 


Chip. 7.] 



nSferrion could be entertsiiied' by' 
parlhunent which the hon. gentleman 
speared to recommend ; for the 8j8<>' 
ttm of die poor laws was roterwoven 
with the institutions of the country, 
and the repeal of such ^ system was 
aot to be thought of. . 

Ob the Sd March Mr Lushington 
presented the returns of the sums of 
money levied throughout England and 
Wales for the maintenance of the 
poor, when some desultory conversa-* 
tion took place on the subject. i 

On the l^h Marth^ Mr. Sturges 
Bottrne applied for leave to. brmg in 
two Inlby one fonthe Reguktioaof 
Parish Vestries, and the other for the 
Amendment of the Laws for the Re- 
lief of the Poor. The object of the 
first bOl, among minor regulations, 
woold be to give additional influence 
topemms in parish vestries in propor- 
tion to their contribution to the poor-« 
nttes. This proposition wa9 not new 
to the House, and he was not aware 
that any ofaject^n had been made to 
it ; and as tar as he could learn from 
communications with. all parts cf the 
comitry, it was a provision that would 
he very generally acceptable^ The 
first oqect of his second bill would be 
sproviflion to enable parishes of con- 
•serabk extent to appoint select vefr* 
tnes for the management of their con- 
eetns ; the orders of which should not 
he over- ruled by any single magis- 
trate/ but only by two or more. The 
oat object would be a provision quali- 
^g ^rsons having considecable pro- 
poty in the parish though re«dcnt 
St a short distance out of it, to be- 
^oneoverseers. Another object would 
Ik to enable parishes to appoint an as* 
WiBt overseer, with a salary. The 
pact provisiaa was one of considerable 
'■Bportance, although only in further- 
ance of the eaisting law ; it was to 
A^iieprovisiQn for carrying into bet* 
^tfict the statute of Ehzabeth, as 
V as regarded setting to worli the 

children of parents who #ere unkfale 
to maintain them. The next provi- 
sion of his proposed bill would tend 
again to further the execution of the 
existing law, by giving employment to 
those out of work ; it would be to 
enable parishes to let small poi^ions of 
land to industrious individuals ; and, if 
adopted, would, he was persuaded, ex- 
hibit very beneficial results. Another 
object of the bill would be a provision 
to enable parish>o£Bcers to recover 
possession of tenements in which they 
had placed paupers, and of land which, 
in conformity to the last, pro vision, 
they had let to them, without being 
reduced to the tedious and expensive 
process of ejectment. The next pro-, 
vision 'would be one of considerable 
importance, but not of novelty, as it 
had been suggested last session, since 
which, he had received numerous ap- 
plications earnestly pressing its adop- 
tion. It would be in the case of towns^ 
to enable parishes to rate the owners 
of houses, ms^ead.of the occupiers. la 
towns, by variousi means,, a large pro- 
portion of the occupiers of bpu^s es^ 
capied being rated, tne consequence of 
which was a larger rent paid .to the 
owners i and an immense burthen was 
thrown on the remainder. Sever?4 
other minor clauses were also mention- 
ed. At the suggestion of Lord Cas- 
tlereagh, the first bill was ordered to 

. The bills now proceeded in their re* 
gular course without opposition, till 
Uie third reading of tUe Amendment 
bill, when Mr F« Douzlas divided the 
House, on the clause relative to tkking 
the children of paupers from their pa« 
rents, and placing them in schools esta* 
blbhed for the purpose. This plan, in 
fact, was an extension of the work- 
house system, and. involved all the bad 
management and want of economy 
which we have shewn to be attucfaed to 
that mode of provision. Thie only good 
it could produce was that of d.eterring 

Digitized by 




•^piiotticm hj a pesakf t whkh, m tlie 
ppetcot iottanoe, waf much more tj* 
mmcal and 8evtrt» not only confinine 
tlicf iodmdual, but wrcttiog the MU 
dfen from the parents* It woold fall 
loo only upon the worthy aad virtuoiu 
parentt, while those of an oppoute 
eharaeter would be heartily wiUiag to 
throw the burden of their children upon 
the public. ' Yet the clauie« though 
#pposed by Mr Curwen, Mr Lamb, 
and Mr Calcraft, wat carried by a ma- 
hmty of 4^ to 14. In the pro^rew» 
bowei^ertof the bilU through the Up* 
per Houif 9 the Marqult of Lanidowoe 
#0 strongly pointed out the inconveni- 
encea of thn clauM, at to procure ita 

A great clamour wat raited daring 
this seiiioa) on account of the price dF 
Ibalt liquor, particulariy porter. Among 
o<her petitionsy Mr Lockhart pfctent- 
ed one on this stibject, coatainkiff 
14,000 tignatuws. It complaineo, 
that the brewers raised the price of 

Krfer when there was no cause, and 
I pot lower it when there was eauae; 
that in London the whole trade of 
UMikhig porter was engrossed by a few 
great brewers who regularly oombioed 
and consulted together, like the part-^ 
•ers of one concern ; that these eie^u 
were themselves the owners of a large 
proportion of the houses in which 
porter was retailed ; and that by the 
licensing system, and by admnces of 
money, they kept the rest in such 
check, as to maintain a perpetual con* 
tpol over the price of beer. On this 
subject we must treat as utterly absurd 
the idea that there can exist any mono- 
poly in a trade which is left perfectly 
free, aad which anv one that pleases 
may exercise. In tnis case, if the ex* 
isting dealers sell their comnKxlities 
dear or bad, there will never be wanting 
some one or more who will draw the 
public to themselves by supplying 
them on better terms. If therelbre the 
manufacture be eogrossed by a few 

IhimU, tt-€Ui ncfu^ arise from eale0* 
sive capital and machbery, enabling 
the great dealer to make cheaper aad 
better beer than the smaller oae. We 
bdieveit to be a very idk plan ia tbeie 
great houses to manoeuvre in baying 
retail houses, and giring advances of 
capital as bounties for the cuitom of 
others. This is distracting their ca- 
pital and attention from their own 
proper business ; while, if the trade is 
tree, these arti^ially propped hqim% 
of sale can never mial^ head agaioit 
others aelUns cheaper and better beer. 
The plan, therefore, ia idle in them i 
but It would be equally idle ia the 
legislature to interfere to proh^ 
what can, in £sct, do bo harm to the 
public. But thia case ia venr different, 
if, as asserted in some of the peti. 
tions and apeec h e a , it be reaBy true, 
that under Uie ayatcim, which salijecu 
every house of public entertaimneat 
to license, the brewers have ioflucnos 
enoufrh to obtain a pr efer e n ce for peri 
aona ra their own enaploymenti and to 
exclude others. Thia fibmaa a meit 
gross monopolT, and out which Par. 
Bament ourat d^ awry poaaftJe means 
to break* The hoensing system ought 
to be uscd» as thelaw inteuded it, sole* 
ly for the p ies e i f ati oo of pobHc monds» 
not to enable the brevrera to force an 
inferior article, at a high ptitx, on the 
pubfic. The Report of the Canunit* 
tee, whilat it aevemly inveighs against 
brewers possessiaff an4 cootrpUing 
public houses, wuch by itself caa 
never do much hama» baa sciiroely 
touched on this alleged control over 
the givers of licenses, wkidh alone can 
estauish any real monopoly. A Re* 
port waa presented tfaur aelsioo, re- 
commending farther restrictiona on the 
sale of goods by aootsoo^ to which Par- 
liament for some time back has shewa 
a very strong hostility. We do not 
mean to reconuDend auctioas as an 
advantageous made of carryitig on re- 
tail trade of a country | or to deny, 

Digitized by 


CkAP. 7.3 



that the present age u smitten with 
a sort of auciio-mania. The huntiog 
after bargains in auctions is* we be- 
Heve, a ytrj idle and unprofitable 
trade. It inToWes a loss of time, and 
jc^lar habits of employment ; and 
it leads naturally to, the purchase of 
many things as cheap, which other- 
wise neither would nor needed to have 
been thought of at all. Unless too 
the person is thoroughly versed in the 
article purchased, he is liable to the 
most complete imposition, without any 
recourse* Id jewellery and furniture, 
above all, two articles for which auc- 
tions are much resorted to, and which, 
if sound, would last for generations, 
any want of soundness can never be 
compensated, by almost any cheap- 
ness. At the same time, we would 

much rather have the public discover 
these things for themselves, and be on 
their guard against auctions, than be 
driven away from them by act of Par- 
liament. Auctions may often be in- 
expedient, but we cannot see why they 
should be illegal. What right has 

fovemment to dictate to any indivi- 
uals the mode in which they are to 
dispose of their property. We verily 
believe that the world would go on 
better in all these matters, if left to 
Itself, than by flying to statutory re- 
medies for all the evifi to which human 
life is found liable. Such do not ap- 
pear to have been the views of the 
committee, who strongly recommend, 
that a bill should be introduced nekt 
session, imposine fresh limitations and 
restrictions on this species of traflic' 

VOL. XI. PART it. 

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Wani ^ Heir$ to ifte British Crown* — Rotfol Marriagu^^^Parliamentary 
Praouionfor the Duke of Clarence^the Duke of Ccanbridge-^the Duke of 
Cuwherlandr^he Duke qf JCent.-^Regencif Act Amendment BilL — Death 
of the Qfieen. 

Among the sources of that afflic- 
tion which had been so deeply felt by 
the empire at the untimely fate of its 
princess and her offspring, some place 
had been held by the dread, that heirs 
would fail entirely to the British 
throne. Numerous as was the Royal 
Family, onlr two of its members 
were marriedy and under circumstan- 
ces which precluded any expectation 
of issue. A disputed or a foreign 
succession^ both etils of the first mag* 
nitude, seemed imminent. It would 
be unjust to deny, that very extraor- 
dinary exertions were made by the 
Erinces of the royal house to tranquil- 
ze the national alarms upon this sub- 
ject. Four royal marriages announ- 
ced in the course of the present ses- 
sion, afforded to 'the oublic a well- 
f rounded hope that this illustrious 
ouse would not become extinct by 
the want of issue. 

No very amicable feelings have been 
wont to reign between the nation and 
its princes. The royal brothers, in a 
limited monarchy, are placed in pecu- 
liarly difficult circumstances. Bom 

to consider themselres as the most il- 
lustrious members of the society, as 
beings on whom every appendage of 
pomp and pleasure should wait ; ther 
are yet restricted to an income, mueo 
inferior to that of the first, and scarce- 
ly equal to that of the second nobi- 
hty. It is with great difficulty that* 
in such a government, they can find 
access to any high public employ- 
ments. The nation, justly jealous 
lest its affairs should be mismanaged 
in the hands of functionaries, for whose 
promotion favour alone appears suf- 
ficient to account, criticises their con-* 
duct much more rigorously than that 
of any other persons occupying the 
same place. In every case of failure, 
it raises clamours so loud, as the court 
is unable to resist. Thus excluded 
from any important occupation, yet 
everywhere courted and caressed, they 
are almost inevitably drawn into the 
whirl of gaiety and pleasure, involved 
in debt, and finally, perhaps, sunk 
in those degradations from which debt 
can with such difficulty be separated. 
With such faults the nation had to 

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Chap* .8.3/ 



reproach its princes; and it did re- 
proach them with an asperity whetted 
rather than blunted by their elevated 
tituatioQy and not softened by any al* 
lowance for the trying circumstances 
in which they stood. It is but just 
to state, that within these few years* 
a sensible retrievement has taken place* 
even in the public opinion. The 
grounds of scandal hare in a great 
measure ceased ; and deeds of bene- 
ficence^ and actions worthy of praise* 
have begun to be recorded. Never- 
theless* the original feeling still pre- 
vailed so far^ as to give a certain de^ 
gree of popularity to any measures 
tending to mortify or thwart those 
members of this illustrious house. 

Tbe first marriage announced to 
Parliament was one which* from the 
age of the party* could scarcely have 
any reference to the present exigency : 
It was that of the Princess Elisabeth 
with the Prince of Hesse Homburg. 
The lady had the reputation of ta- 
kilts and accomplishments ; and her 
tpotve* though not possessed of ex- 
tensive territory* had acquired a con- 
siderable military reputation in the 
great contmental war. The Houses* 
on the 9th April* were merely called 
upon* by Lords Liverpool and Castle- 
reagh* to offer an address of congra- 
tulation to the Prince Regent upon 
this subject. The destined husband 
was stated as a prince of a most illus- 
trious family* whose character stood 
high over Europe* who had partaken 
in almost all tbe great battles by which 
its independence and tranquillity had 
been achieved, and had exhibited in 
field all the qualities of a brave* ac- 
tive* and -able officer. Parliament ha- 
ving nothing more asked than the ad- 
dress voted it vrithont the least hesi- 

Affairs took a very dlffierent turn* 
v^ien it came to the lot of ministers to 
anoonnce the approaching nuptials of 
tbe Royal Dukes, and to solicit an 

accession of income to meet the en- 
larged establishment involved by such 
an arrangement. On the ISth April, 
Lord Castlereagh brought down a 
message from the Prince Recent* an- 
nouncing the negoeiation of treaties 
of marriage between the duke of Cla- 
rence and the eldest daughter of the 
Duke of Saxe Meiningen* and of the 
Duke of Cambridge and the niece of 
the Elector of Hesse. An address of 
congratulation was then moved, not 
simply* however, but accompanied with 
a promise to consider the subject in 
such a manner as might demonstrate 
their zeal and duty. Ministers would 
gladly, have had the aff^air pass, for 
this day* in general terms; but Mr 
Tierney imniediately began putting 
questions about a meeting of ministe- 
rial members held that morning for 
the purpose of feeling their pulse on 
the subject. These meetings, he said* 
were^ it would seem, always called when 
any new measure was to be submitted 
to the House $ for ministers were 
convinced, that unless their measures 
had such a previous rehearsal, they 
could not carry them. Nothing could 
be done without a previous discussion 
in a meeting of fifty or sixty ministe- 
rial gentlemen. Such had been the 
nature of the meeting at Lord Liver- 
pool's that morning. Lord Castle- 
reagh denied that there was any thing 
unconstitutional in such a meeting ; 
but Mr Taylor said, he considered the 
practice of calling together a certain 
number of members* for the purpose 
of taking their opinion whether such 
an application ought to be made* a 

Sractice ihigbly oblectionable. At 
^ngth* Lord Lascelles fairly told the 
House* that he viras one of those who 
had attended the meetine alluded to 
during the early part of the discus- 
uon. He thought he should not take 
too much upon himself if he stated 
that what had transpired there had 
not met with the satisfaction of de- 

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reral others besides hioMelf. He 
would not say more at present^ but 
he would repeat, that in what he had 
mentioned, he had not stated his own 
feelings alone. The same statement 
was made by Mr Lee Keck and Mr 
£. Littleton. Mr Bennet then ask- 
ed, whether ministers had not com- 
municated to their select committee, 
that they intended to propose 19,000/1 
in addition a-year to one of the royal 
dukes, besides 19,000^. as an outfit, and 
12,000/. a-year to each of the others ? 
Lord Castlereagh said, the address 
did not commit the House on any of 
the points mentioned. It gave no 
countenance to any particular amount 
of grant, or in fact to any grant at 
all* Mr Brougham then moved as 
an amendment some additional express 
•ions, referring to the burdened state 
of the country. Sir S. Romilly beg- 
ged the House, before it came to a 
▼ote, to recollect that the whole of the 
members to whom the private and 
unconstitutional disclosure had been 
nade in the morning, and who alone 
knew its nature, had, from all that 
now appeared, disapproved of it, and 
had, one after another, informed the 
House of its being of a kind impos- 
sible to be supported by those who 
usually voted with ministers. The 
amendment was then negatived, though 
only by a majority of 144 to 93. 

The rough reception which the mea- 
sure had met with, seems to have in- 
duced a pause in the counsels of mi- 
nisters. On the 14th, Lord Liver- 
pool, in the Lords, moved a postpone- 
ment of the consideration of the simi- 
lar mesitage which had been transmit- 
ted to them. The opposition severe- 
ly taunted ministers on a proceeding so 
msrespectful to the Crown, to whose 
messages it was customary for the 
House to return an immediate answer ; 
and Lord Holland moved an address 
similar to that of Mr Brougham. Lord 
Liverpool stated, that l^y postponing 

the consideration of the message until 
to-morrow, their Lordships mi^ht be 
the better prepared to give their opi« 
nion upon the measures which minis- 
ters might consider it their duty to re- 
commend ; and Lord Sidmonth admit- 
ted that alterations might be made in 
the plan. Different impressions which 
had been produced might be removed. 
He would repeat, that difierent im- 
pressions might be removed, and al* 
terations suggested, which would re« 
ouire consideration. Lord Kin^ be» 
heved this was the first time that a 
minister had given a decided negative 
to an address of thanks and congratu- 
lation proposed to the throne ; and the 
Marquis of Lansdowne observed, it 
appeared that there was some mode 
by which the impressions were to he 
removed, and alterations made, with- 
out the knowledge and concurrence 
of that House ; and that, while that 
process was eoing on, their Lordships 
must patiently await the result. As 
the mode by which this was to be ac- 
complished was, it seemed, not fit to 
be stated, the House were required to 
adjourn until ministers came fully pre- 
pared with the result of their secret 

A similar postponeooent was on the 
same day moved in the House of Com- 
mons, to the motion for a committee 
on the Prince Regent's message. Mr 
Brougham made the most violent 
strictures upon the proceeding. The 
plain English of it was too obvious to 
allow it to remain secret for one se- 
cond to any person, who wished to 
discover it. A noble lord, a mem- 
ber of the other House, and standing 
at the head of his Majesty's councils— 
in a private room — ^m a manner con- 
trary to the spirit of the British con- 
stitution — in a way which was against 
all practice, but which no man, even 
if the pracrice existed, could defend 
on that ground — ^had thought fit to 
meet a select body of the members of 

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this Houee. He understood the p«rty 
coDsistedy in genera), of inost respec- 
table country gentlemen— -of gentle* 
men, whose liberality of conduct, and 
whose general tendency of principlet 
to support govemmenty where they 
could at all support it, were perfectly 
wdl known to the noble Lord. Td 
them a disclosure of a most delicate 
nature was made — a disclosure which 
was refused to that House» when first 
that House asked it. [Hear, hear r\ 
If such meetings as this were to be aU 
lowed— if Parlument was to be silent 
when they heard of such assembliea— 
it was a mockery to' proceed to a de** 
bate in the House of Commons. The 
debate might go on — the result of the 
division might be declared by the 
speaker from the chair — but» in point 
oiF factf the matter would have been 

Seriously settled elsewhere— [Hear f] 
ow settled ? By private means— *by 
practising on members of that House 
in various ways— which he had, con<- 
stitutionally speaking, a right to sus* 
pect government of a wish to do» 
when they proceeded in such a course. 
The preliminary debate was carried on 
b silence ; and in silence and darkness 
Ae feelings of particular individuals 
were ascertained. If ministers found 
that the majority was so commanding 
that they were sure of carrying their 
measure^ the House would hear no- 
thing more of the transaction, unless 
by some unaccountable mistake^ like 
that which fortunately occurred yes- 
terday, the business came to be no- 
tked. jLord Castlereagh said^ that if 
dehberations out of the House, pre- 
viously to the submitting of any pro- 
position to the House, were to be 
prohibited, this would be the first 
time that it had been done. He must, 
therefore, enter his counter proteet 
aj^nst the new constitutional doc- 
trine of the honourable and learned 
gentleman, as impracticable, unwise, 
and unqonstitutionaL If the House 

could wait till to-morrow, he trusted 
it would then be sarisfied with the con- 
duct of ministers. Mr Tiemey then 
endeavoured to ridicule the course 
which had been pursued, of which he 
gave the following history : On Sa- 
turday every thing had been settled 
with his royal highness the Prince 
Regent as to this question. It was 
determined what was the fit thing to 
be proposed to Parliament. That was 
previous to the meetine at Lord Li- 
verpool's. Then, some how or other, 
a rumour arose, that this proposition, 
which the ministers had advised the 
prince Regent was a fit one, was not 
likely to me^t with the concurrence 
of the members^of the House of Com- 
mons. The faithful few then assem- 
bled the tried many at Lord Liver- 
pool's, to submit to them the propo- 
sition which they had before advised 
the Prince Regent to recommend. If 
these meetings were to take place, 
there should be something like a gaU 
lery in Lord Liverpool's room, where 
those who had not the favour td be 
admitted into the body might hear 
the debates. On this occasion, how- 
ever, there was no debate. It was a 
Quaker's meeting. The noble Lord, 
indeed, made a speech of considerable 
length, but those who were assembled 
said nothing to him or his speech 
either. Scarcely had they stepped 
over the threshold, when it was dis* 
covered that a mutiny had broken out 
among the minister's troops, and they 
came here manfully to declare their 
opinions. The moment these selected 
gentlemen found themselves in the air 
of this House, which, to be sure, was 
a very different atmosphere from that 
of Fife House, they, one after the 
other, avowed their dissent. In that 
meeting ^for it had all come out 
since), it nad been proposed that the 
Puke of Clarence should receive ao 
additional income, rendering his to- 
tal income e<|ual to 40^000/.^ with ai^ 

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outfit of 30,000t The Duke of Kent 
was to receive 12,000/. so as to make 
his total income 30,000/. per annum, 
with 12,000/. as an outfit ; the Duke 
of Cumberland — Cshouis of Hear!' 
hear !1.— was to receive an additional 
12,000/. per annum, making his in- 
come 30,000/. with anoutfit of 12,000/.; 
and the Duke of Cambridge's income 
was to be augmented to 30,000/. a- 
year by an additional vote of 12,000^. 
a-year, and 12,000/. as an outfit, ma- 
king a total of 116,000/. to be grant- 
ed during the first year, at a time when 
the country was so ill able to make 
good its present taxes — The motion 
was, however, agreed to. 

On the following day, the question 
was brought into full discussion. Lord 
Castlercagh observed, that the natural 
jealousy of the influence of the crown 
rendered his task difBcult. To pro- 
pose to the House an additional pro- 
vision to any of the Royal Family, 
and augmenting the public burthens 
by the amount of sucn provision, was 
one of the most arduous duties which 
could devolve on ministers. The 
difficulty was greatly enhanced by 
that great change that had been in 
the former par^ of the present reign 
effected in the constitution of the coun- 
try, by which it had been thought ne- 
cessary for the public advantage, that 
all those branches of revenue which 
were formerly at the uncontrolled dis^ 
posal of the Crown, should be sur- 
rendered into the hands of that House, 
to be administered for the public be* 
nefit, — a change which rendered it ne- 
cessary for the royal family to come 
to Parliament in all the exigencies 
which #night arise, and demand a spe- 
cific grant from the public to meet 
those exigencies. If the applications 
of the reigning family to Parliament 
had been more frequent than from 
those who had gone before them, it 
was not because they were more im- 
provi^nt than their predecessors, but 

becansethe revenues which formerlybe- 
longed to the Crown 'had been surren- 
dered to that Houce on its binding it« 
self to provide for the wants of the roy- 
al family from time to time, as circum* 
stances might require. He assured 
the gentlemen opposite, that though 
he differed from them in their applica- 
tion of the principle of economy, be 
was equally sensible of the sacredness 
of the principle itself. Lord Castle- 
reagh then pointed out how import* 
ant it was that matrimonial connexicai 
should take place in the Royal^Famr- 
ly. Of the twelve children of his Ma- 
jesty, seven were sons, and five daugh- 
ters. But not one of them had a child 
to present a hope of direct inheritance 
of the throne. The Duke of Ckm- 
bridge, the youngest son, was now 
forty-five years of age, and none of 
the princesses were under forty. To 
excite some of the members of the 
Royal Family to marriage, was now 
en object of much importance to the 
country ; and those illustrious person- 
ages owed it to themselves, to the 
Crown, and to the country, if they 
did not feel that from some circum- 
stances marriage would be perfectly 
incojnpatible with their own comfort, 
to look forward to a suitable union, 
that the succession might not be en- 
dangered. A single marriage would 
not satisfy the anxiety of the P^^^ 
on the subject of the succession, ihc 
Prince Regent, sensible of this, had 
made offers to such of his Royal Bro- 
thers as could reconcile marriage to 
their feelings. He had done this m 
the greatest spirit of affection $ he had 
shewn no preference to any one of 
those illustrious individuals beyond 
the other. Lord Castlereagh then 
instanced the Princess Charlotte, who 
had received 60,000/. a-year, and the 
Duke of York, who, when not so 
near the throne as the Duke of Cla- 
rence now was, had received allow- 
ances which, with 3000/. a-ycar from 

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nffitary c m o lum enti, had amooDted to 
40^000/. He then stated the votes 
originally proposed, and which he en- 
deavoured to shew were reasonable and 
naoderate. In deference, however, to 
the opinion of the House, to which, 
OB an occasion like this, it appeared 
to him the duty of a minister to pay 
the vUnoet regard, he had determined 
to propose smaller allowances. He 
urged, however, that no regrard ought 
to be paid to the income derived br 
their Royal Highnesses from other 
tourers* They were shut out from 
the usual modes of advancing them* 
selves and raising a fortune ; it would 
be hard then to deprive them of all 
opportunity, by serving the public, 
to make some addition to the income 
allowed by Parliament. A false im* 
pression had gone abroad as to the 
emoluo^nts of the l>uke of Cam* 
bridge. It was material to state, that 
the whole of his Royal Highnesses 
pay, as head of the army in Hanover, 
was onl^ about 53001. a-year. Be- 
yond this, all the other emoluments 
attached to that situation did not ex* 
Ceed 7001. making the total amount 
of his income derived from his situa- 
tion at the head of the army of Hano- 
ver not above 6000^ a-year. At the 
same time he must contend, that a 
temporary employment abroad, such 
as that now held by his Royal High- 
ness, ought not to weigh with the 
House in making a provision of the 
kind now proposed, and oueht not to 
preclude toe House, as it had never 
on any former occasion precluded the 
House, from making a provision such 
as was due to the son of a king of 
Great Britain. — Then, as to the Duke 
of Clarence, he had no revenue but 
that granted him by Parliament, with 
the exception of his pay as an admi- 
ral, which amounted only to 1100^ 
a-year. He wished it to be understood, 
toat all the statements which he sub- 
mitted upon this subjea would be sub* 

stantlated by documents which it was 
meant, in due time, to lay before the 
House. With respect to the income 
derived from the appointments of the 
Duke of Kent, the returns of it had 
not yet been made up. But still, so 
far as it could be ascertained, he would 
state it. That royal Duke had the go- 
vernment of Gibraltar and a regiment 
of infantry. As to the latter, a regi* 
ment of infantry was not very profit- 
able to any man ; but to a royal Duke^ 
certainly much less so than to any 
other person. His government and 
his regiment together did not produce 
to his Royal Highness above 6000/. 
a-year. His Royal Highness, it waflT 
known, was much longer without his 
proper provision than any other member 
of the Royal Family. Considering'all 
circumstances, it appeared to him in- 
dispensably necessary, that an annud 
?rovisiop should be made for his Royal 
lighness the Duke of Clarence, in 
addition to what was already granted, 
of 12,000^., or at the very lowest 
10,000A For the Dulcf of Cambridge, 
the Duke of Cumberland, and (in case 
he should marry) the Duke of Kent, 
the very lowest sum which could be 
proposed was 6000^ In the case of 
marriage, the provision for the wife in 
the shape of jointure and pin-money, 
was to be considered. As to pin- 
money, that was of course to be al- 
lowed by the husband from his own 
fheans ; and such of course was to be the 
case with any of the royal Dukes. The 

?in-money allowed to the Duchess of 
'ork was 4000^. a-ycar | in the case 
of the I)uke of Clarence it was thought 
it could not possibly be. made less than 
SfiOOl. When this was considered, it 
would be found that, in fact, the pro* 
posed allowance to the Duke of Cla- 
rence, when the pin-money was d&« 
ducted, would amount to no more than 
7000/. a-^r ; while the grants to tho 
other pnnces would amount to only 
90001. a-year each. He would $m¥ 

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132 EDINBURGH ANWUAI- REGISTER, 1818. [Chapw 8. 

ffiit to the Houee whether any smaller 
«um could be proposed. 

The propositiou w^s opposed by 
Mr Charles Barclayi Mr Gumeyt and 
Mr Protheroe, and supported by Mr 
ParoelL The chief attention, how- 
ever, was drawn by Mr Holme Sum- 
ner, whose usual attachment to minis- 
try gave great weight tD his present 
opposition. He defended the meet-p 
ing called at Lord Liverpool's against 
the imputations which honourable gen- 
tlemen opposite endeavoured to level 
Ht it. To such a class of men he should 
always consider it an honour to be- 
lonflTy notwithstanding the designation 
which an honourable and learned Gen- 
tleman gave them, when he called them 
a click. He could not consent that 
the House should protide for the 
Duke of Clarence on the ground of 
big being 9 presumptive heir to the 
throve, a situation in which he did not 
Qtand.. It was true, that his Royal 
Highness the Puke of York was mar# 
ried and h^d no issue ; but might not 
that illustrious personage, by the visi- 
tation of a family calamity, lose his 
lady ? s|nd in such an event, would not 
tl^e lioy2(} Duke have reasonable 
grounds, on a second marriage^ to de- 
piand being placed in a situation si- 
milar to that in which the Prince of 
Saxe-Cobourg was placed by Parlia- 
mi^nt ? To theestent of 6000/. he was 
disposed to aasent. Independently of 
his annual allowance of 18,000/., the 
Dujce of Clarence received 25001. by 
treasury warrants, with llOO/. as his 
half, as admiral pf the fleet. Added^ 
to this, he was a ranger of Bushy-park, 
had a charming residence, with ap- 
pei^dages of no less value than 3000/. 
per annum. If public report spoke 
truly, the Duke oi Clarence was great- 
ly in debt. These debts amounted to 
between 70 and 80,000/. An increase 
9f 10,000/. per annum i^der such cir- 
cumstances, for an increase of splen- 
xIouTf went his Royal High- 

neBs in a degraded, rather than in an 
elevated situation. He feared it would 
be found, that the House was actually 
throwing away the money. He was 
ready to admit, if the state of the 
country would permit it, that SOfiOCH. 
Aovld be the allowance of the Royd 
Dukes on their marriage ; bat if the 
public neceteity interposed, the Royal 
Dukes, in common with every other 
description of persons in the country^ 
must yield to the pressure of the times. 
When he spoke of his Royal High- 
ness the Duke of Cambridge, it w» 
impossible not to be impressed with 
the uniform tenor of his oondnct, and 

Earticubry with the manner in which 
e had avoided the incurring^of any 
debts. With regard to the Duke of 
Cumbeiiand, the question had been 
long ago settled. That marriage had 
been generally 'disapproved of; and 
he felt himself justified in saying, that 
Parliament on that subject had not 
been fairly treated ; and he must say, 
that Paiiiament was not fairly treated 
in the present measure, by booking 
the Duke of Cumberland into the pro* 
posed grants for the other royal duket. 
lie finally moved the reduction from 
10,000/. to 6000/. 

On this occasion, the speech of Mr 
Ellison was also remarkable, as that of 
a plain blunt country gentleman, usu- 
ally supporting ministry. He sard, <* I 
have always, sir, supported every mea^ 
sure which I thought conducive to 
the dignity and honour of the royal 
family ; for I have ever been a warm 
friend to the House of Brunswick. I 
have felt this attachment ever since I 
was capable of forming any opinion 
upon any subject ; and I feel it stilL 
Su-, I will support that family even to 
the last drop of my blood— I will, dr. 
1 am a plain spoken man, sir, and per- 
haps though my language be not so 
choice or so eloquent as that which is 
sometimes heard in this House, I may 
still be able to express intelligibly that 

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vhichldoBiottstroBgly&eL It it the 

doty o( every member to attend to the 

ioUreUM of the royal family^ but we 

aoftt attend also to the interests of the 

pcopk* and I cannot consent to hum* 

hag tbenu Sir» the distress of the 

people is gseat — less than it was, thank 

Q^ l^-4>ttt still it is great. I thiok 

that the wise and salutary measures 

Borsucd by his Majesty's goTemment 

We been principally the means of aU 

kriating that distress* In the present 

state oi the country, we cannot ven- 

tore to impose any additional burthens 

m the people/' Sir T. Acland spoke 

in the tame strain ; but Sir W. Curtis 

and Lord Lascelles* though they de* 

«dedly opposed the sums originally 

tvbmitted to the private meeting, had 

00 objection to the modified allow- 

aaces now proposed. Mr Lambton 

was for no allowance at all ; but was 

persuaded by Mr Brougham to join the 

6000^ naher than take no share in the 

vole. MrWvnn said, that if the original 

proposition had been adopted^ it would 

have gone farther to shake the attach- 

mtat of the country to the royal fa^ 

mily than any proposition ever sub-* 

nutted to Parliament. He should give 

hit vote in favour of the 6000/. which, 

ia a former instance, was considered a 

saffident income. In the event of an 

iacreate of family, it would be for Par* 

Ibment to consider the circumstances 

of the caae, and to grant an increase 

if they thought proper. 

Mr Canning defended the motion. 
When he compared the proceedings of 
this night with the feeling that pre- 
vailed on the opening of the session, 
Ik was at a loss to conceive by what 
process the whole feeling then express- 
ed had been so completely evapof aud. 
With respect to his Royal Highness 
the Duke of Clarence, t^e could assure 
the House that his Koyal Highness 
would not have though^ of contract- 
i^ this marriage, it would never have 

eatered into his contemplation to en- 
gage in this alliance, if it had not been 
pressed upon him as an act of public 
duty. [^Hear I hear! and a laugh.] His 
Royal Highness had voluntarily, and 
by arrangements of his own, set apart 
a portion of his income for the pay- 
ment of interest, and he believed, also 
for the insurance of his life, and the 
gradual liquidation of the principal. 
Had it not been for this alliance, there- 
fore, he would not have required any 
aid from Parliament ; and into this al- 
liance his Royal Highness entered, not 
for his own private desire and gratifi- 
cation, but because it was pressed on 
him for the purpose of providing for 
the succession to the throne. []A laugh.] 
If there was any tiling ridiculous in 
this proposition, it was brought about 
by their own laws. It was the de- 
cided opinion of his Majesty's minis- 
ters, and they were anxious to bring 
down the proposed sum to the lowest 
practicable point that they could con- 
scientiously recommend— >that an ad- 
dition of less than 10,000/. would ren- 
der his Royal Highness's marriage, if 
not altogether impracticable, hazard- 
ous to the ease and honour of his 
Royal Highness and his royal con- 
sort. In voting for the 10,000/. they 
would vote only for one-half of the 
sum originally proposed, fHear, hear !] 
a sum, the propriety of" which, both 
his noble friend and him«elf thought 
then, and still thought, maintainable 
by fair argument, but which they had 
no hesitation in surrendering to the 
expressed opinion of that House. 

Notwithstanding all the exertions 
of ministers, they failed upon this oc- 
casion. The numl)er of votes for the 
original motion was 184 ; for the 
amendment 198 ; making a majority 
of nine for the reduced amount moved 
by Mr Sumner. The result was re- 
ceived throughout the House with 
loud applauses ; in the midst of which 

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Lord Cafitlereagh rose, and stated, 
that this refusal of the House to make 
what was judged by ministers and the 
Royal Family the necessary provision 
for the Duke of Clarence, might be 
considered as putting an end to the 
treaty of marriage. This was con- 
firmed next day, when his Lordship 
stated, that he had that morning com^ 
municated the matter to his Royal 
Highness, and added, <* I beg to say, 
that I should not be doing justice to 
his Royal Highness, if I omitted to 
state, that in receiving this communi- 
cation, and in the observations which 
he made to me upon the subject, he 
seemed impressed with sentiments of 
the highest respect for the decision of 
the House. But as his acceptance of 
any provision which might be voted 
for him, would necessarily imply an ob- 
ligation to maintain an establishment 
such as would be required by his situ- 
ation in this country after his mar- 
riage, and as his Royal Highness is 
thproughly convinced that he could 
not undertake to maintain such an es- 
tablishment with the sum proposed, 
without the certainty of incurring em- 
barrassments from which he would 
have no means of extricating himself, 
bis Royal Highness deems it incum- 
bent upon him, in this state of the 
proceedings, to authorize me to de- 
clare, with the utmost deference to 
the opinion pf the committee of the 
whole House, that he feels hiipself 
compelled to decline availing himself 
of the provision intended for him.** 

The House having now gone into a 
committee, Lord Castlereagh propo- 
8.ed,witho;ut further comment, the vote 
of 600,0/. a-ycar to the Duke of Cam- 
bridge. Mr Brougham did not con* 
ceiye it as necessarily foWoyring from 
yrhzt had passed, that it was pnly need- 
ful to name a royal duke, to get him 
^000/. a-year. He was certain, that 
if any thing could make the ^rief of 
the nation more poignant, it would be 

the manner in which these whdenle 
grants had been proposed to other 
members of that illustrious hon^. If 
the principle was applicable to all the 
princes, why pass on to the youngest, 
and leave out one royal duke, whose 
character stood so eminent, whose pub- 
lic conduct was so exccUent, and who 
had so particularly distiagimhed him* 
self by the noeasures he luui taken for 
relieving himself from those incum* 
brances which he believed could not 
be considered as imputable to himself? 
The Duke of Kent had already been 
mentioned* Much had been said of the 
private affairs of the Duke of Cam* 
bridge, and viewing, as he did, eco* 
nomy, not only as meritorious, but as 
a virtue, (and if not a virtue, the most 
rigid moralist would allow it to be the 
parent of many virtues), be should of- 
fer to his Royal Highness the tribute 
of his admiration. But his Royal 
Highness the Duke of Cambridge bad 
practised it in circumstances which 
made that virtue comparatively easy* 
He had a large military income, aad 
in Hanover he had an income which 
had been stated at 6000^ a-year, 
besides a town and country house, 
a shooting seat, with the use of the 
king's stables and servants. The cry 
of economy had gone forth from one 
end of the kingdom to the other ; and 
if one kind was more loudly called for 
than another, it was that particubrly 
connected with the Princes of the 
Royal House. If the sum was grant- 
ed to the Duke of Cao^ridge, be did 
not see how it could be refused to the 
Duke of Cumberland, 

Lord Castlereagh, in reply, obser- 
ved, that it was not the fact, as had 
been represented by the honourable 
and learned gentleman, that the House 
was called upon to decide the cases in 
the lump. No lumping or general vote 
had been proposed; on the contrarf» 
every question was a subjea of spec^ 
motion. According to the honoursble 

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Chap. 8.] 



end KifotQ ^cntKUMn 6 pHnctpK^whcn 
a marriage io the royal family htppeo- 
ed to be desirable^ from any circum- 
staocesy with a Tiew to perpetuating 
the fuccesaion in the reigning family^ 
the coarse to be pursued would be to 
search and pick out that prince who 
would be wming to marry on the low- 
eat terms ; and on the same principle 
any member of the family, nowever 
low or remote, provided he was lineal- 
ly, or coBateraliy in the line of descent, 
if willing to marry with a less provi- 
sion than another. He must acquit the 
people of England of harbouring any 
principle of economy ao contemptible 
as that which the honourable and learo- 
ed gentleman had attributed to them* 
If no proposition had been made for 
the Duke of Kent, it was merely be- 
cause his Royal Highness's marriage 
was not at present in contemplation. 

Mr Wilberforce, in supporting the 
motion, took occasion to expreM his 
disapprobation of the act relative to 
royal marriages. That act he did not 
thmk wise or salutary. It precluded 
the several branches of the royal family 
from entertaining the best fedings, and 
from forming connexions which would 
at once promote their happiness and 
guarantee their virtue, it seemed to 
imply, that they could be rendered bet- 
ter political characters by being worse 
men, which was one of the most mis- 
taken notions, as well as the most im- 
moral of public doctrines. The con- 
duct of the Dukes of Kent and Sus- 
sex in devoting their time, in render- 
ing their rank and influence subservient 
to purposes of charity and instruction, 
was such as to conciliate universal 
praiae. It were to be wished that 
other princes, especially on the conti-i 
Dent, would imitate such illustrious 
examples. On the wfaolei he thought 
that ministers had upon this occasion 
brought forward a very moderate de- 
mand, which the finances of the conn- 
try could easily afford to meet. Mr 

Tiemey declared, that it was contrary 
to his private feelings of esteem that 
he opposed the vote to the Duke of 
Cambridge. Should his appointments 
in Hanover cease, he would be willing 
to make the allowance; but he consi- 
dered these in the meantime sufficient 
for the purpose. Other members op- 
posed the grant, which was, however^ 
carried by a majority of 177 to 95. 

Lord Castlereagh now brought for- 
ward, with much modesty and h«si« 
tation, the proposition of a similar 
grant to the Duke of Cumberland. 'Mr 
Brougham observed, that from the 
manner in which the noble lord had 
opened the measure, it was evident he 
did not feel the least expectation of pre- 
Tailing on the House to adopt it. Yet 
the motion was at first received in a 
manner unexpectedly favourable. Mr 
Wrottesley said, if amiable conduct in 
private life, if dignity of manners, if 
goodness of disposition, could endear 
to the people of England an individual 
brought amongst them from a foreign 
country, he knew not of any personage 
in elevated life who possessed those 
qualifications in a higher degree than 
the Duchess of Cumberland. Mr For- 
bes appealed to the House,** would they 
object to the vote, and thereby offer 
an insult to those royal personages? 
Would they decide on the scandalous 
reports, which, hebelicYed, were with- 
out any foundation whatever, that had 
been propagated against those illustri- 
ous individuals ? He did not know those 
illustrious persons. He acted on pub- 
lic grounds alone ; and doing so, he call- 
ed on the House to consider the case 
well before they came to a vote — be- 
fore they came to a decision— -for he 
should insist on dividing the House on 
this occasion ;'' and Sir W. Scott said, 
that the Duchess of Cumberland had, 
during her residence in this country, 
discharged in the most exemplary man- 
ner the duties of her station. Her 
character was knowuf and by univep- 

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«al attefttation approTed. Nayi Mr F. 
DouglaSf who had voted against the 
allowance to t1»e Duke of Clarence^ 
^eclar«d himself ready to TOte for the 
preient one. Sir John Newport^ how- 
ever* contendedy that at the House had 
negatived a proposition of the same 
kind three years ago, they were bound 
jto reject it in the present instance. Mr 
Wynn also remained staunch to his 
iormer purpose* Were they, he ex- 
4daiined, to be addressed with such laa- 
gua^ as ** Will you entir into the 
•character of the royal family V when 
it was obnous, that in the cases of 
these grants, that character was of the 
•greatest importance towards the set^ 
tling of the question? Upon such oc- 
casions, was advantage to be taken of 
that delicacy which every man fek 
when ke was destined to hear of his own 
failings? and was it to be assumed, that 
all that was said in praise of individuals, 
vaa to pass current for truth, because 
no one had taken upon himself the in* 
<vidiou8 task of contradicting it ? No 
iDther marriage had taken place on which 
•they had not called on the House to 
4X>bgratulatethe throne; but upon that 
-occasion they fek that there was no 
ground for doine so. A fiemale of the 
highest rank in this country had testi- 
fied her objection to the match by re- 
fusing to receive the lady in her pre* 
•aence* It was on these grounds that 
the former decision of the House was 
one that gave satisfaction to the feel- 
ines and morals of die country ; and 
-whatever had since been the conduct 
of the lady to whom he alluded, the 
best panegyric that could be pronoun- 
ced on her was, that nothing further 
whatever had been heard of her. Not- 
withstanding, therefore, the favourable 
promises at the opening of the debate, 
the grant vraa rejected by 148 to 136. 
The sum of OOOOL was, however, 
granted as a jobture to the Duchess 
of Cumberland, in case of her husband's 

The allurioiM made on these occa- 
sions by several members to the Duke 
of Kent, wem o^t long of being met 
On the 15th May, a message fnom 
the Prince Regent annouoced his ap^ 
proaching nuptials with a German 
princess, atroogly recommended to the 
nation by being the sister of their hh 
vourite, Prince Leopold. The p(^ 
posed idlowance was passed with httle 
-Opposition, and amid high panegyrics 
on the character of the royal Duke. 

The Dukeof Clarence meantimecom* 
pleted his piopoaed matrknonialengage- 
men t, without even accepting the redii- 
ced allowance made by Parliament. It 
was understood that the means of foraw 
iag a suitable establishment had heen 
supplied out of the private funds of the 
Royal Family. Lord Castkreagb, in 
remotely alluding to this circumsunce, 
endeavoured to point out the disgrace 
incurred by the nation in obliging its 
Princes to look elsewere for so essen- 
tial an object $ but this taunt pro- 
duced no effiect in the obdurate quar^ 
ter towards which it was directed. 

A bill was introduced by the Chan- 
cellor into the House of Lords, for 
altering some ckuses in the Regency 
Act. The motive of the change was 
produced by the state of her Majesty's 
healthy which rendered her residence 
at Windsor inexpedient, and which 
also afforded apprehensions of a speedy 
dissolution. In reference to the for- 
mer circumstance, it was proposed to 
empower her Majesty to nominate fonr 
commissioners, m addition to those 
who at present aided her, in the custody 
of his Majesty's person. In reference 
to the latter, wkhout, however, any 
express allusion to it, the clause which 
ordained, that in case of the Queen's 
ceasing to have the care of his Majes* 
ty's person, Parliament should be forth- 
with summoned, was proposed to be 
omitted, on account ot the inconveni- 
ence it would occasion, and the care 
of hia Majesty to be left in the haadt 

Digitized by 


Chap. 8.] 



of tlie CommiMionerSt till the meeting 
of Parliament. £ari Grey opposed 
both thete clauses, particularly tne last, 
with great pertinacity, demanding, not 
tery judiciously » the reason wny it 
should be introdnced at present, which» 
though well understood, it would have 
been obviously improper to mention. 
The House, on the whole, seeoned to 
be satisfied* when the first clause was 
so far altered that the appointment of 
the Commissioners was vested inParlia. 
ment. The measure then passed with 
little opposition through both Houses. 
This year conclude by a tragical, 
though for some time expected event 
in the Royal Family* The Queen after 
a lingering and dangerous illness, died 
on the ] 7th November. This event did 
not excite throughout the nation 
nearly the same emotion as had been 
caused in the former year by the fate 
of her daughter-in-law. There was 
nothing in it abrupt or premature. 
The Queen had for a long time led a 
retired life, and been little in the pub- 
lic eye. She had even lost somewhat 
of her former popularity ; though the 

investigation which this crisis prompt- 
ed, seemed to shew, that this change 
of sentiment took place without any 
sufficient cause. She had, in fact, 
been a «x>d queen, and had fulfilled 
all the functions of her high station, 
without overstepping them. She had 
performed all her domestic duties in 
an exemplary manner, and was never 
accused of any undue interference in 
public affairs. She shone peculiarly 
in the proper station of a queen, in 
maintaining the propriety and dignity 
of her court. Without any revolting 
austerity, she took unremitting care 
to maintain the strictness and purity of 
public morals. At a time when licen- 
tiousness of manners was making rapid 
progress among the higher ranks^ her 
circle was irrevocably shut against all 
whose character had sustained any 
taint ; and she thus, at a critical pe« 
riod, essentially contributed to the 
maintenance of that domestic purity' 
which has so honourably distinguished 
the female character, in the nation ofer 
which she reigned. 

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Proceedings in regard to Burgh Reform^^Aberdem-^Dundee'^Edinburgkp^ 
Lord A, HamuionU Motion respecting Proceedings iu the Case of M'KvH' 
letf — Reading the Set given' to Montrose. — -Lor J Advocate's Bill for the 
Regulation of Scottish Burghs.^Proceedings relative to Interference in the 
X»anark Election, 

, In Scotlandp the cause of burgh 
reform continued to be eagerly pur- 
sued, though its progress did not cor- 
respond to the sanguine expectations 
which its votaries had at first been le'd 
to entertain. 

The point which, by every one in- 
terested in this question, was looked 
to with the greatest anxiety, was the 
decision to be formed by the Privy 
Council in the case of Aberdeen. On 
one side it was urged, that after pant* 
ing a new set and a poll-election to 
Montrose, it was impossible, with any 
shew of reason or decency, to refuse 
a similar boon to a city, with claims 
Vi much stronger. Tne constitution 
of Montrose had been set aside solely 
on account of sonae unintentional 
and trivial omissions in point of form ; 
and the new set had been granted 
merely upon the expressed wish of 
the parties concerned, without any 
circumstances clamantly demanding 
it. But Aberdeen had fallen under a 
catastrophe unprecedented in the an- 
nals of burgh policy. Bankruptcy, to 
the enormous extent of 230,000/. of 

which the town was not even able to 
pay the interest, had exposed it to 
disgrace, and involved in loss or ruin 
many individuals and public establish-* 
ments. The magistrates, under whoiti 
this disaster ensued, had openly ac- 
knowledged their own incapacity, and 
had pointed to the defective constitu- 
tion of the burgh as the«ource of the 
dreadful condition to which it was re- 
duced. After such a confession, was 
it possible even to contemplate the re- 
placing of these magistrates, and this 
constitution unaltered ? Whatever the 
Privy Council might feel or wish, tbe 
circumstances of such a case left them 
no choice whatever, but that of fol- 
lowing the example of Montrose. 

In reply to these arguments, it was 
urged by the supporters of an oppo- 
site system, that Montrose had been 
considered as a single and insuUted 
case, such as it then stood. In this 
view, government, willing to gratify 
the wishes of a body of respectable 
individuals, had consented, too hasti^ 
ly perhaps, to adopt the proposed al- 
teration. But tbe case was greatly 

Digitized by 


Chap. 9.2 



dumged now, wheD all Ae floodgates 
of innoifation were opened* when 
Montroee had become a signal for 
every borough^ great and small, to 
put forth all iu efforts for a change 
ef constitution. In such a violent fer- 
ment of reform, the establishment of 
a second precedent would render it 
next to impossible to make any further 
stand; — the time was now come, at 
whaterer cost, to mark the determi* 
nation of goTernment to proceed no 
fiirther in this course. The indivi- 
duals who were to decide, could not 
also fail to remark, that the very first 
use which Montrose had made of the 
boon granted to her by ministry, was 
toseMTcfa out the most determined op- 
position member she could possibly 
find ; and, by her casting vote, to se- 
cure for him the northern district of 
burghs* In defence even of the ma- 
tistratcsy it was represented, that the 
mvolved state of the city's finances 
SMse, not from any embezslement or 
idle extravagance,* but from improve- 
iKnts highly important and useful to 
the place, though undertaken perhaps 
on too extensive a scale. The pier, in 
particolar, whose repeated demolition 
BwoWed them in so much expence* 
was an object of the highest and roost 
iadispensable lUility. Th^ magis- 
tratev themselves, though stunned 
with the first blow, had now changed 
thdr views, and felt themselves per- 
fectly competent to undertake anew 
the administration of the city's affairs. 
Ministers seem to have paused con- 
siderably on this occasion. On the 
9lh May, a committee of the Privy 
Council, among whom were Lord 
Liverpool, the Lord Chancellor, and 
Lord Melville, assembled at the Cock- 
^t, and heard counsel on the subject. 
nU result did not transpire for a con« 
fiderable time. In August, however, 
the order <^ the Privy Council was 
isaaed, by which it appeared, that the 
i had been made entirely on 

the side of establishment and autho- 
rity. Not only the former set was r^ 
stored unaltered, but the M magis- 
trates were authorized to elect their 
successors, in the same manner as if 
there had been no interruption of their 
existence. This decision excited in 
the votaries of reform equal emotions 
of disappointment and indignation. 
They now saw their error, in expect- 
ing that the executive would ever take 
the lead in promoting a popular re- 
form. Not only were they baffled in 
the present instance, but it became 
evident, that even should they suc- 
ceed in the tedious and expensive pro- 
cesses by which they sought to reduce 
the sets of the other burghs, the result 
would only be, as in the present in- 
stance, to fix the old magistrates more 
firmly in their seats. The only hope 
appeared in endeavouring to set aside, 
as illegal, this proceeding of the Privy 
Council. That body, it was alleged, 
had only power to renew the functions 
of the burgh, by giving authority for 
a poll-election, but not to vest this^ 
power in a body of men who, as mat" 
ters stood, had no more concern in 
the burgh than any other individuals. 
Unfortunately, however, several in- 
stances occurred in the course of the 
last century, in which this expedient 
had been used, to restore the brokea 
chain of election. It was observed, 
indeed, that these instances took place 
immediately after the rebellions of 
1715 and 174s5, and without any oppo- 
sition on the part of the burgesses; 
but though these considerations might 
have weight in reason, it seems ques- 
tionable how far they could obviate 
the legal precedent, it was, however, 
urged also, and seemingly with a good 
deal of reason, that, upon this system, 
the magistrates of every burgh in the 
kingdom, bv neglecting some of the 
legal formalities, might throw their 
constitution into the hands of the 
crown, which had only to appoint ita 

Digitized by 




own creatares to fill up the new list of 
magistrates. Indeed^ we have already 
stated our opinion, that any intromis* 
sion of the Privy Coundl with the sets 
of burghs^ is contrary, if not to the 
practice, at least to the principles of 
representative government. A meet- 
ing of the burgesses of Edinburgh was 
held on the 5th November, and reso- 
lutions entered into, in which dissatis- 
£Eiction was strongly expressed; and a 
determination stated to assist to the 
utmost their brethren of Aberdeen. 
At Aberdeen, the old magistrates, ac- 
cording to theauthority given to them, 
hesitated not to elect their successors, 
whose installation, however, gave rise 
to some tumult on the part of the po-* 
pulace ; and an assembly of the bur- 
gesses afterwards held, while they de- 
precated such conduct in the people, 
strongly expressed their regret, that 
a body of men should have acted thus 
contrary to the judgment of their fel- 
low-citizens, and to their own record- 
ed opinion. 

As some compensation for this loss, 
the friends of reform gamed this year 
one point, not of trifling importance. 
Among the old and regularly consti- 
tuted burghs in Scotland, Dundeo 
ranks next to Edinburgh and Aber- 
deen, in wealth and importance. Its 
constitution was still closer than that 
of any of the other Scottish burghs, 
being such as not to leave a single 
crevice by which any thing hostile 
to the reigning party could enter. So 
strongly, however, had public opinion 
declared against it, that the coundl 
itself, with Provost Riddoch at their 
head, professed their readiness to con- 
cur in some alteration of the set. As 
the sanguine hopes derived from the 
Privy Council were now greatly cool- 
ed, it was determined to have recourse 
to the Convention of Burghs, a body 
peculiar to Scotland, and whose func- 
tions were usually confined to mere 
fi>rmalities or matters of trifling im- 

portance* This year, however, con* 
siderable interest was eocdted by its 
meeting, and precedents on both sides 
Were carefuUv sought. It then ap* 
peared that the Convention had re« 
peatedly, on the agreement of all par- 
ties concerned, made alterations to 
a certain extent, in the sets of the 
burghs, which, when disputed, had 
been sometimes confirmed by the 
Court of Session, and when not dis« 
puted, possessed the authority of law. 
The demand of Dundee was merely 
for three open members ; two of which 
were to be the dean and counsellor 
of Guild, to be elected by the gnild« 
brethren, and a third trades counsel- 
lor, to be chosen by the inoorporatad 
trades. Petitions were» however, pre^ 
sented from several incorpormtioas, 
praying that they should each receive 
power to elect a member, and that 
otherwise, no alteration should take 
place. The lead in support of the 
measure was taken by Mr Gibson, 
who sat as commissioner from Culresif 
and Mr Henderson, commissioner 
from Kirkwall. On die other hand, 
Mr Kirkman Finlay, from G^ksgow, 
and Mr Cook, who set for Inverury, 
and was understood to speak the 
sentiments of government, expressed 
doubts, both as to the powers of the 
Convention, and the sufficienqr of the 
consent obtaiaed. The former doubts 
were strongly combated by Mr Gib- 
son, who declared that he knew of 
no power of any body so strong and 
clear, as that of the Convention to 
alter and amend the seta of burghs. 
It had exercised it for 250 years, 
and to deny it, would be disclanning 
its own privileges, and destroying it- 
self. In regard to consent, it was 
observed, that the corporations which 
opposed the measure had no vested 
right in the magistracy, and that their 
opposition was therefore of no \egfi 
importance. After a great deid of ms* 
cussion, t^ force of these arguments 


Digitized by 


CttAf . 9-3 



I at length admitted f the dematids 
of Dundee w^e granted, and the set, 
amended as proposed, has erver aince 
continued in operation. 

The Edinburgh reformers continued 
duifing this year in full actrritj; They 
appeared, indeed, to hare at one time 
a near prospect of attaining the ob- 
ject of their wishes. A sentence was 
obtained in the Court of Session, ren- 
dering Toid the last election of the 
magistrates of Edinburgh. The Ma- 
gistrates, howeTer, by putting in a re- 
chitming petition, suspended the ope- 
ration of the sentence ; and as the 
amwera could not be answered in the 
course of this session, the final deci- 
non was necessarily postponed till 
next year. This delay was of infinite 
importance to a fixed and established 
body, against a popular morement* 
which became always fainter* the 
longer it continued without effecting 
its purpose. 

The transactioi^ of the preceding 
years in Scotland, formed the subject 
of some warm parliamentary debates. 
On the lOthTebruary, Lord Archibald 
Hamilton brought before the Com- 
mons, a motion respecting the pro- 
ceedings in the case of M'Kinley. 
The present case, he observed, had 
erery ingredieht of gravity and im- 
poftaftce. The subject related to the 
highest concern in this country, the 
purity of justice ; the parties were the 
highest officers of the law as well as 
officers also of the Crown ; the scene 
of the transaction which he was about 
to notice, waa the highest court of 
cnminal law in Scotland. His Lord- 
ship then alluded to the assertions 
made last session, by the Lord Advo- 
cate, respecting the seditious spirit 
prevailing in Glasgow, and the out- 
tageoos oath pretended to be there ad- 
miobtered. Although there certainly 
might be some. degree of discontent^ 
no one could now doubt> that these 
assertions were highly extravagant, if 

not grossly sland^ous. They tended 


to inflame the passions of the moment, 
and to bias the minds of juries, who 
were to try the offences. He then 
directly alluded to the trial of M'Kin- 
ley, and first to the denial of access 
to the pisoner Campbell. The Lord 
Advocate said, that lie had refused 
access to the witness^ *' to prevent 
tampering." And yet any man who 
attended to these procecdmgs, must 
acknt)wledgei that the wliole evidence 
of the witness Campbell exhibited 
one continued system of gross and 
palpable tampering. on the part of 
those very law officers of the Crown, 
who appeared so jealous and fearful 
of all tampering but their own. How 
the learned lord could have prevailed 
upon himself to give that answer, he 
was at a loss to conjecture^ for the 
learned Lord must have known that 
the whole of the law officers had con- 
tinued access to Campbell ; and what 
took place at these interviews, he, for 
his part, could call by no other name 
than palpable tampering. His Lord- 
ship then went over the declaration 
of Campbell, respecting what had 
passed between himself; Mr Drum- 
mond, and other law officers of the 
Crowp, (as detailed in M'Kinley'i 
trial, in our last volume.) Such pro- 
ceedings were in direct opposition to 
all that they had been accustomed 
to venerate in the British constitu- 
tion. The facts he had disclosed 
amounted to subornation of perjury. 
He could find no other term ade- 
quately descriptive of the transac- 
tion ; for had M*Kinley been con- 
victed on the evidence of Campbell, 
that conviction must have been ob- 
tained by periury on Campbell's part, 
in swearmg that he had received no 
promise of any reward, nor had any 
private motive in giving his evidence, 
and M'Kinley would have had an 
undoubted right to say, that he had 
been convicted in consequence of the 
unfahr practices of the law officers 
of the Crown. H&d Campbell, sti- 

Digitized by 




mulated as he had been, given iiUse 
evidence, he should like to know 
whether the law officers of the Crown 
would not have been answerable for 
the crime. He would beg leave to 
remind the House of an expression 
which he was very happy to hear on 
a recent occasion fall from the Attor- 
nev-General, namely, that God for- 
bid he, or any one officially connect- 
ed with himt should have any later- 
course with a witness in a case of 
public justice. He trusted that on the 
present occasion a sentiment so exalt- 
ed would not remain in the honourable 
and learned ffentleroan's breast, but 
that he would repeat it in confirma* 
tion of his (Lord A. Hamilton's) opi- 
nions. It was the duty of the law 
officers of the Crown to uphold the 
dignity and interest of the laws ; and 
he would ask whether, in the trans- 
action under discussion, the law offi- 
cers of the Crown in Scotland did not 
violate the sanctity and purity of tlie 
laws as palpably, and, indeed, more 
palpably than M*Kinley, in the crime 
with which he was charged. He 
concluded with moving ror a copy 
of the records in the Court of Justi- 
ciary, relative to the trial. 

The Lord Advocate denied that 
there was any thing overcharged in 
his former statements, cither of the 
seditious spirit prevailing in Glasgow, 
or of the oath which had been admi- 
nistered. There was nothing to prove 
this, either in the course of events, 
or in the trial of M*KinIey. The in- 
dictment charged the prisoner with 
having been guilty of administering 
an unlawful oath to a great many 
hundreds of persons in Glasgow and 
its neighbourhood, the names uf many 
of whom were particularized. The 
issue of his trial was a verdict by the 
jury of *• Not proven." He spoke in 
the hearing of gentlemen opposite^ 
who were inthnalely acquainted with 
the forms of law, and the distinction 
of verdicts in Scotland. They would 

tell the House, whelbar or sMt he was 
incorrect in stating, that the distinc- 
tion in Scotland between the verdict 
of <* not proven" and the verdict of 
** not guilty,*' was this :-^bat when 
tlie jury were satisfied that the eorjms 
ddicti charged in the indictment was 
provedf and that the person charged 
was implicated in the guilt, although 
the legal evidence was iDsufficient to 
convict him, they returned a verdict 
of " not proven;" but that, if they 
were of opinion no corpus delict had 
been proved, they then returned a 
verdict of" not guilty." In the case 
in question, the verdict of the jury 
was " not proven." The inference 
was— and he stated it without fear of 
contradiction— -that the general fact 
charged in the indictment, of an ille- 
gal oatli having been administered to 
several hundreds of persons in Glas- 
gow and its vicinity, had been ad- 
mitted by that verdict to be well 
founded. With r^ard-to the Attor- 
ney-General's dedaratioa of not com- 
municating with witnesses, whatever 
might be the practice in England, it 
was impossible, according to the es« 
tablished laws of Scotland, that it 
should prevail in that country. Some 
communication with the witnesses was 
indispensable for the furtherance of 
public justice. The duties of the At- 
torney-General of England and the 
Lord Advocate of Scotland were in 
many respects different. The Lord 
Advocate was not only the public 
prosecutor as the Attorney-General 
was, but he was likewise a police ma- 
gistrate. This arose from the circum- 
stance of Scotland being a separate 
government without having a resident 
administration. He would ask, if any 
man could doubt, from what even 
Campbell himself had stated, that ho 
bad an interest in disqualifying him* 
self from siving evidence r He had 
a palpable interest in not £[iving his 
evidence^ As to the compliant of the 
counsel for the prisoner, that no «o< 

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I ftllowai tb«m to CaropbeD, 
k appeared erident from Mr Jeffrey's 
statement at the tri&I, that there had 
been a corommHcatioil between hhn 
and that witness. He would oppose 
to tbe evidence of Campbell, a state- 
ment made to him by Mr Drummond. 
The statement made to him by Mr 
Drvmfnond was this — that on going 
to t^ Gastle to visit this person; he 
had stated to him, that he was in the 
greatest terror of his lifb if he gave 
lofbrmation; that at that time the 
on)j object that Campbell seemed to 
have in view was, the obtaining a pro- 
nnse from him of some measures to 
insare his safety after giving his evi- 
dence. Afler this, Mr Drummond 
dfd not go to the Castle of his own 
aceord, but was sent for by Campbell. 
The person who eameto liim was the 
gaoler^ who said that Campbell was 
anxious to see Mr Drummond. He 
went accordingly, when Campbell told 
him, that as a condition of his giving 
evidence, he wished to have a pass- 
|>ort, and means to go abroad ; that 
in such a case he was not only pre- 
pared to give evidence, but inrorma- 
tionf but that otherwise he could 
neittier give evidence nor information. 
Mr Dmmmond then stated, that with- 
oQt consulting him (the Lord Advo- 
cate,) and having his authority, he 
could not take that course. Accord- 
ingly, Mr Drummond communicated 
the proposition of Campbell to him, 
and after consultation with the other 
hm oAcers of the Crown, and after 
coosidering the question of law in 
the best manner they were able, they 
came to this conclusion, that they 
were not only entitled to make the 
w im e ss the promise of a passport and 
the means of conveying him to a fo- 
reign countiy, but that they were 
eren bound to do so— that they were 
bound to afford him protection in a 
•way which he himself conceived was 
4lie only available way. He directed 
iMr Drummond, therefore, to make a 

promisis to him, diat what he request-' 
ed should be done* On the same oo* 
easion Mr Drummond communicated 
to liim, that the prisoner was under 
the greatest apprehensions on ^c« 
count of his wif^^that he was desi- 
rous of having her brought to £din-« 
burgh, to be near a sister, and that 
he had applied to him for money foe 
that purpose. Mr Drummond said he 
had tr>ld him that he could do nothing 
on this subject without his (the Lord 
Advocate's) authority. A leUer from 
Campbell was afterwards brought to 
him. He stated positively, that as 
to giving any money to induce him 
to give evidence^ that he could not 
do, and it ought not to be done ; but 
he trusted that gentlemen on die 
other side of the House would not 
think that in the situation in which 
the witness stood he had done any 
thing unbecoming and improper in 
endeavouring to bloviate his case by 
bringing the woman to Edinburgh. 
On being informed of this reouest of 
Campbell respecting his wife, ne gave 
directions that a place should be taken 
for her in a public conyeyance by the 
magistrates of Glasgow; although he 
really did not know whether she ever 
came to Edinburgh. There was one 
part of the deposition of Campbdl 
which the noble Lord had read in 
rather a lower tone of voice than the 
rest,— the concluding part of what he 
had stated respecting bis conversation 
with Mr Drummon£ He had there 
stated that no attempt was made to 
instruct him as to what he was to say. 
The same was stated by Sir William 
Bae. And from the beginning to the 
end of the deposition, he never al- 
leged that one question was put to 
him by Mr Home Drummond, or any 
other person, as to the practice in 
which he was engaged, if they bad 
had any sinister purposes in view, 
would they not have endeavoured to 
effect it by putting such leading ques>- 
tions to him ? But they had acled with 

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that regard ta the purity of testimony, 
that they had not put one question to 
him from beginning to end with re*> 
apect to his own conduct* With re-^ 
gai^ to indul^nces shewn to the pri^ 
aonerst every mdulgence was given to 
the other witnesses^ as well as to Carop- 
belU At the end of the trial, too, the 
prisoner M^Kinlay, after thanking the 
court and jury, concluded with thank- 
ing the Lord Advocate, *' I wish to de- 
clare," he said, " that all liberty and 
indulgence was shewn to me m my 
confinement, which a prisoner can 
expect under such circumstances." 
Woether the witnesses chose clothes 
or books, their requests were indulged 
at far as possible. He wished to 
observe, in conclusion, that by this 
parliamentaty discussion the noble 
Lord was interfering with the admini- 
stration of justice of the country. Not 
one of the prisoners was arrested or 
tried on thesuspensioo of the Habeas 
Corpus act. Every one of them was 
taken up on tlie common law of the 
country — and an action lay against 
the prosecqtor of the Crown for ha* 
Tiag acted wrongously, and thus he 
wa» int^ering with the remedy of 
these prreoners. 

Mr J.P.Grant said, ''This is as grave 
a charge, and on a matter as vital to 
the interests of the country, as ever 
was preferred to Parliament The 
learned Lord has said that my nobJe 
friend, in bringing forward this mo- 
tion, as interfering with the ordinary 
icourse of the law; and he has stated, 
that the persons arrested were taken 
up, not on the new law suspending 
the Habeas Corpus act, or the similu' 
act in Scotland, but under the com- 
moQ law of Scotland ; and that the 
persons who think themselves aggrie- 
ved may commence criminal or civil 
prosecutions. But is it any thhig to 
this House, entrusted as we are with 
the care of the lives and liberties of 
our fellow-subjects— with the super* 
ioiendance of the courts of justice-* 

who are bound to watch their con- 
duct with a jealous eye, and still 
more especially the conduct of tbo 
law officers of the C^own — is it to be 
told us, sitting here in Parliaaient» 
that pnvate individuals may com* 
mence actions such as haive been de« 
scribed ? Sir, private individuals mliy 
bring such actions as the law allows, 
or they may abstain from so doing ; 
but we have a great and important 
duty to perfbrm to the public, from 
which, I trust, we shall not abstain* 
I do not mean to say, that the accifr* 
sations against the learned Lord art 
Uiie, but i will say that they are mad« 
on such authority, that they most he 
teceived as true in this House, till 
they are contradicted : and they stand 
to this moment uncontradicted even 
in statement, except by the statement 
of the learned Lord, in this House. 
I will ask the House, I will ask 017 
learrted friend opposite, (theAttoiw 
ney-General), if this evidence be not 
true, whether he has ever, in the 
course of hb experience, seen a single 
case where perjury might be so easily 
detected? Now, months after months 
have elapsed since this trial, on which 
evidence was given, imputing to these 
learned persons things which, till now, 
I did not believe any man would have 
allowed to remain uncontradicted. 
Yet no prosecution for peiiury has 
been brought. The learned Lord haa 
told us, that he acts as the grand jury 
in Scotland ; he had nothing there> 
fore to do but indict this man for per.- 
jury; and I give him my word of 
honour, that he, the learned Lord 
himself, could not be more pleaacd 
than I should have been, if the learned 
Lord had succeeded in rescuing fimm 
this reproach his own character, and 
the character of the profession to 
which I have the honour to belong." 
Mr Grant then went over the different 
parU of Campbell's evidence. He in- 
sisted, that the sending him to Proa- 
sia was a decided beStSt, at a time 

Digitized by 


Chap. 9.'] 



when a workman in Glasgow codd 
scarcely earn 4s.» or 48. 6a. a-week. 
A pair of shoes, he observed, had cer* 
tainly bqen given. Some expectations 
of money were held out; and the burn- 
ing of the paper in presence of the 
Sheriff^ could not lead to the conclu- 
sion, that there was nothing in it un- 
fit to see the light. " Now 1 take upon 
myself distinctly to say, that if the 
witness did receive a reward, or the 
promise of it, on condition of giving 
testimony, though nothing should be 
said as to what the nature of that tes- 
timony was to be, the witness was by 
the law of Scotland disqualified. If 
the learned Lord means to say it is 
the law of Scotland, that a witness to 
whom a reward is promised for being 
a witness, is not disqualified to give 
eTidence, I will meet him, not with 
my own authority, but with what is 
of much greater weight, the authority 
of some of the most eminent counsel 
at the Scots bar. An honourable and 
learned friend of mine, desirous of not 
trusting entirely to his own recollec- 
tions of Scots criminal law, has been 
at the pains of obtaining an opinion, 
which I hold in my hand, signed by 
five eminent lawyers, whose names 
1 do not think it necessary to men- 
tion. — fA cry of Name ! name !]. 
The opinion, to which I allude, ^oes 
to state, that a person is disqualified 
from appearing as a witness, if he is 
adducea by the party who has pro- 
mised him reward ; and that the only 
case which seems to make against 
that, opinion is the case of Home» 
mentioned in Burnet. But Burnet 
they considered as incorrect, and in 
dieir judgment of no authority.— 
ZJhe cau to name was repeated.] 
1 have no objection to read the sig- 

natmres to this opinion, as his the 

Sleasure of the House that I shonM 
so. Thev are these, George Cran- 
stoun. rHear f hear n^I hope die 
learned Lord is satiraed — CHear 1 
hearn James Moncrief, John Archi* 
bald Murray, Henry Cookburn, and 
J. Rutherford. — C^ewt I hear I fttm 
the ministerial side^. I do not per- 
fectly understand the meaning of these 
cheers, but I suppose they relate to 
most of these gentlemen liaving been 
of counsel for the prisoner. But I will 
ask the honourable gentlemen oppd« 
site, if they realty think this shalces 
the authority of their opinion F* With 
regard to the knowledge which the 

Crisoner's counsel possessed of Gamp* 
ell's evidence, Mr Grant stated, 
Campbell had sent a detailed state- 
ment in writing of the fkcts, to which 
he afterwards deposed, to one of his 
learned friends, counsel with him' fbr 
the prisoner. He contrived it in some 
ingenious way ; he believed* it was 
sent in a roll of tobacco. * He wished 
to mention also, that at the consulta** 
tion of all the counsel for the prison- 
er, which took place before the trial, 
there was but one who believed it 
possible that the thing could be true, 
it appeared to the rest impossible in 
its nature, and like many other stories 
to which the profession were accus- 
tomed, one under which (to use the 
technical phrase) they expected the 
witness would break down. It be- 
came a question whether the witness 
should be objected to on the ground 
of want of access. It was determined, 
however, in the first instance, to ob- 
ject to the witness on that groundly 
and, if they failed in that, to trust to 
the examination in iniiialidus. 
Sir Archibald Colquhecmdistinetly 

• The fact was, that Campbell threw his statement, rolled up in a roll of to- 
baceo, oat of his window, to anodier prisoner, who was walking on the terraee 
Wore the windows of the rooms they were confined in; and that prisoner fimad 
aifmn lo send tt'to sae sf t^ eonas^ 

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Bmertsei, that tbei^ was not a shadow 
Oif ^Mi&daiion for the charges this night 
produced ; he denied that they were 
charges— they scarcely deserved so 
grave an appellation, since th^y rest- 
ed won bare assertion or distorted 
prop£ The deposition of Campbell 
contained numerous contradictions. 
He asserted that Mr Drummond had 
Q&red him the place of a ganger ; 
though at the time, he said, Mr Drum- 
mond was persuaded that his life was 
in danger, and that he could not re- 
main in safety in the kingdom. The 
witness had said, that Mr Drummond 
believed that he could not remain 
safety in Glasgow* or in any other 
place. The deposition thus bore in* 
teraai evidence of its own falsehood. 
The deposition of Campbell was a 
mixture of truth and falsehood, or 
rather composed of scanty leakings 
of truth, in an overflowing cup of 
&lsehood. For his own part he was 
completely convinced that the Lord 
Advocate had acted with perfect pro* 
priety. He had a right to promise a 
witness Areedom from prosecution^^ 
he had a right also by law to send 
him out of the country at the public 
expense. This had been calledt a re* 
ward, but he denied that it could be 
properly called so. To send a person 
mto exile to protect him from his 
•nemies, was not reward.— Mr Wynn 
was clearly of opinion, that there was 
room for enquiry. The question was, 
whether the House would inquire-^ 
not into the conduct of a court of 
justice — but how the servants of the 
^Crown had conducted themselves, so 
.as to draw down the unanimous dis* 
approbation of a court of justice. It 
was said thai the persons aggrieved 
might have actions a^inst the Lord 
Advocate. It was right individuals 
.should have compensation for indi- 
dual losseSf — ^but the House were 
guardians of the public, and had a 
right and du^ to see that public 
functions were not abused. 

Lord CasHereagh clearly thought 
that no ground of inquiry had been 
shewn ; and that the conduct of the 
noble Lord, in instituting the |)ro- 
ceedings, had been fully justified^ 
This must be the conviction of every 
fair and unbiassed mind ; it was esta* 
blished by the proceedings on the 
Bench, and indeed the whole course 
of the proceedings went to prove the 
fact, that a conspiracy of an extended 
nature did exist in llie neighbourhood 
of Glasgow, where persons were bound 
together by secret oaths. Therefore, 
unless the purpose was either to 
punish Campbell for perjury, or to 
prosecute the Lord Advocate for the 
important steps he had taken, there 
could be no reason whatever for calU 
ing the record. Campbell's evidence 
had been considered by the Court ab- 
solutely so incredible, that it could 
not be entertained in any court of law 
whatever. And because this roan's 
evidence was considered totally un* 
worthy of credence in a court of jus* 
tice, was it to be deemed worthy of 
credit in Parliament, and made use 
of there because it could be used no 
where else ? How could the House 
examine Campbell ? Would they have 
the vitiated testimony of such a man, 
in order to put Mr Drummond on bis 
trial? would they take the evidence of 
such a man against such a character 
as Mr Drummond ? If the House lent 
themselves to this sort of trick, and it 
was too much the fashion to get up 
cases of this nature— he must con- 
tend that the testimony of individuals 
would soon not be considered credit- 
ble on their oaths. 

Sir Samuel Romilly strongly sup- 
ported the motion for inquiry. The 
noble Lord had contended, that un- 
less the facts were manifestly suffi- 
cient to warrant condemnation, there 
should be no inquiry ; whereas the 
fact was, it became necessary to in- 
quire, beeause they did not know the 
facts. The learned Lord bad told the 

Digitized by 


Ctair. 9.] 



Il9im» thftt the Iffiai of M«Klnlej 
prov^ the faet of unlawful oalhs ha- 
rmg beea adminutered, because the 
verdiot against him was ''not proven." 
And K^ the learned Lord had presu« 
med, that the House of Conunons* in 
its ignorance of Scotch law^ would be 
induced to believe that " not proven'^ 
meant " prpved I" He had indeed as- 
seitedy that by the expression ** not 
proven^^theearptfti^fic^'was consider* 
ed to be proved ; and that nothing was 
wanting but the bringing home of the 
guilt to the panels But the House 
must see clearly what the verdict of 
''act proven" implied, that in the opi* 
nion of the Court the party was nei- 
tJierguilty nor innocents that they con* 
stdered there was no evidence to esta- 
blish the facts alleged. It was clearly 
laid down in all the great law writers of 
Scotlandy in Hume, firskine^ and Mac- 
kenzie, that " not proven" amounted to 
an acquittal : not indeed an honour- 
able acquittal, but an absolute dis- 
missal from the charge brought for-* 
ward : that it was equivalent to the 
** non liquet" of the Roman law. The 
noble Lord had said it would be too 
much to call on sudi a person as Mr 
Home Drummond to answer the tes- 
timony of such a witness; but he ( Sir 
S. Romilly) said, he would> when jus- 
tice required i^ call on Mr Drum- 
moodf or even the noble Lord him- 
self—he would say that the noble Lord 
was wholly unfit for a judicial inqui* 
ry, if he was ignorant^ that no man» 
be be who he would, whether Mr H. 
Drummond or tlie noble Lord him- 
ae^ could avoid being bound on oath 
to answer when called on for the pur- 
poses of justice. There was no one 
ao high in this country as to be screen- 
ed from the obligation of answering 
to such a charge. 

The Attomey-General thought he 
clearly saw in the account, of that 
. Campbell, the artful story of a cun- 
BJng and designing nuu^^ who knaw 

how to disqualify bbisalf wliere b« 
did not choose to give evicUnice^ 
When the learned gentleman, depre- 
cating a communication between the 
Crown and its witnesses, had repre- 
sented him to say, that he would not 
on any account communicate with bia 
witnesses, the learned gentleman had 
fallen into an error, for he (the At- 
tomev-General) must communicate 
with his witnesses—must be informed 
what they had to allege— or he could 
not know with safety when to prose- 
cute or when to abstain. He had not 
said, that he never communicated 
with witnesses t he had only said 
he never communici^ed personally t 
other communication he must.have^ 
or he should never know how to pnM 
ceed. — ^As to the imputation cast oa 
the learned Lord, he should have 
given the same advice as the learned 
Lord had done. If he had been told 
that a witness could not appear, lest 
his life» or that of his wiie, should be 
in danger— whether right or wrong, 
othersmightdetermine— butbeshottld 
certainly have considered it his duty 
to say, *' assure him of proteotion." 
This was not tampering with witness^ 
es. It was doing a duty which the 
public prosecutor owed to public jus« 

Lord A. Hamilton replied, when 
the motion was negatived^ though 
only by the majority of 136 to 71. 

The contests relative to the een- 
stitution of the Scottish burghs oc- 
cupied, in some degree, the attentioa 
of Parliament, though that quarter 
was not yet mainly looked to aa the 
source ot redress. A motion, made 
by Sir Archibald Hao>iltoo on the 
ISth February, had even for its im« 
mediate object to censure the man- 
ner in which the new set had been 
given to Montrose* The act and 
warrant of his Majesty in council 
had taken tO: itself the privilege of 
granting a change in the set of the 

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oofwtitution of tbe burgh i and tUf, 
he conteoded^ was a usurpation of 
aa illegal power — and although he 
was ready to admit, that the altera- 
tioa was an improvement, and a be- 
nefit to the burghf yet he roast ob- 
ject even to a benefit, if it was con- 
ferred through the medium of a 
usurped and unconatitutional power 
in the Crown, He had endeavoured 
t3o avail himself of legal authority 
in Scotland by every means in his 
power; and he could find no authori- 
ty, dead or living, which would sanc- 
tion this extraordinary power in the 
Crown. At the same time, he con- 
demned strongly the constitution of 
the Scottish burghs, and particularly 
the system of self-election in the ma- 
gistrates, a practice contrary to all 
reason, sense, and justice, and to 
every principle of the British consti- 
tution. Indeed, it was an abuse of 
such a nature^ when applied to a cor- 
porate body which had duties to per- 
form, that the wit of man could not 
contrive a mode better calculated to 
produce the most domineering arro- 
gance in these municipal governors ; 
and, in the helpless govemed» the 
most abject state of subjection and 
servility. In several biirgfas in Scot- 
land, the magistrates, if they chose* 
were, year af&r year, self-elected in 
perpetuity. In most* the matter of 
election was so - manciged» that it 
aNmounted to the same thing* In 
other burghs, the magistrates were 
not bound to reside* aM, in fact, did 
not reside, and were rarely seen hi 
the burghs, whose concerns they pre- 
tended to manage, except once a 
year, to be re-elected. He declared 
positively, however, that his views in 
no degree extended to any general 
plan of parliamentary reform.—- Lord 
Castlerei^ and the Lord Advocate 
replied, that, in the case of Montrose, 
there was a complete unanimity and 
«cquie8cekice in all parties concerned; 

that if the meisoi^ had been consw 
dered unconstitutional, redress might 
have been sought in a court of law,' 
or in the Convention of Rojral Burghs* 
With regard to a general change in 
tlie coMtitution of Scottish burglM* 
although this might not have pariia* 
mentary reform in vie^, it could not 
take place without in a great measure 
having that effect It was not be- 
lieved, that there was any such gene- 
ral discontentas had been represented. 
The only real grievance consisted in 
the want of a control over the finances 
of the burgh, and the Lord Advoc&te 
had a bill in preparation, for the ex- 
press purpose of remedying this evil. 
Lord Archibald did not attempt to 
push his motion to a division. 

On the 10th April the Lord Advo- 
cate introduced his promised biH be- 
fore the House. The measure he had 
in contemplation was one which would 
partidly revive the obsolete laws of the 
country, which called the magistrates 
to account for the revenues in the 
Court of Exchequer. In addition to 
this, it would impose upon them an ob- 
ligation tosubmittheiraccounts anno- 
ally, and that they should also be ex- 
posed to theburgesses to consider ofthe 
expenditure ; and if they saw grounds 
of an improvident expenditure, they 
should have a right to complahi. But 
this^ight not in certain cases pre- 
vent the misapplication of the funds 
by the magistrates, or from their en- 
tering into speculations by which di« 
lapidations might arise. He should 
therefore propose, that the Court of 
Exchequer, on the complaint of five 
hurgesses, should have the power of 
controlling the actual expeoditure. 

Lord A. HaQ)itton was happy to hear 
the learned Lord admit the existence 
of a defect in the constitution o^ the 
Scottish burghs; but thought the pre- 
sent measure calculated to afford only 
a partial remedy. The pedtionen 
complained^ not merdy that they had 

Digitized by 





DO control over tfieexpendkure'bf the 
reveeites of the royal burghA, but that 
they had no voice whatever in the 
election of ftlioec very mttf iatratcR who 
ditpoeed of their property* Tlvit 
grievance, he inppoted» the learned 
Lord meant to l^ve wboll v untouch- 
ed. He regretted now, that he had 
been prevented by the expectation of 
thit measure, from tntrodttCiDg the 
auhfect to the Uoute on a more ex- 
teaded acale. I'he bill was read a 
firtt time ; but a considerable number 
of petitions were presented against it, 
and k was generally conskiered^ by 
the perq^ns interested^ as unsatisfiu:- 
tory and inadequate. Being found, 
therefore, rather to aggravate the dif- 
content which it was intended to sooth, 
the Lord Advocate finally detemuned 
to withdraw ic 

Lord Archftmld Hamilton, on the 
10th April, brought forward a motkm 
respecting the inferlierence of a peer 
in the election of a member of the 
House of Commons. It had occur- 
rad ia the ceurse of his Lordship's 
contest with Su- Alexander Cochrane 
for the county of Lanark. The of-* 
feoc^e was contained in the following 
letter, from a person pretending to 
I the author!^ of Lord Dou^ast 

grounds to get clear off from what 
you roeationed regarding your vote, 
for you certainly have not been well 

" If an application is made to you 
from the HadMlton family to promise 
your vote^ I think you should not 
grant it, until I see yon in Otangow, 
when I will ull you all about the mau 
ter. Sir Alexander Cochrane is not 
at honw just now, otherwige i would 
have written you more particularly: 
have the goodness not to mention this 
matter until tiie whole is arranged. 
I will write yon when the noddy ia 
painted, and I hope to have the plea- 
sure of seeing you and Mrs Dykes at 
Glasgow. — I am, dear sir, your most 
obedieot servant, 

Thomas FaasuaoN." 
WilUam Dykes, Esq. of LcmbhUI, 
by Strathaven. 

Lord Archibald acknowledged (he 
receipt of a letter from Lord Douglas, 
giving a general deiiial, that the letu 
ter in qaesiSoin was written by his aiu«- 
thorky. He insisted, however, that 
this did not supersede inqm'ry ; an'd» 
besides, the answer which he had rei. 
ceived from the noble Lord to the 
communication whksh he had mad# 
to him, was, as he had before oblpAw 
ved, couched in terns so genmd, nt 
not to be i^together incompatible wM 
the inference that Fel-g^son's tMt«r 
had been wrkten with the noble letd^ 
authority. — Mr Wynn aaid> thaft thli 
was a case of direct br^ery'^^^ mtm 
serious invasion on the privileges ^ 
the House. The Lord Advoealteiii^ 
listed that there was no proof of llhe 
objedtofthemotion,~theint Offcie n c e 
of a p^er in the Common's deotfon. 
They had the positive denial of Lord 

« GlMgm, May 24, 1817. 
No. 50, MMer HreeU 
" Dear Sir, — According to yourde- 
nre, I comOninicoted to Lord Douglas 
yonr wish to have a situation under 

Snremment for your ycrnng friend Mr 
ykes ; and I am au^rised to state, 
that if you support his Lordship's 
views in poHtios, at the first election, 
his Lordship will secure an eligible 
akuation for your friend, which will 
be of great advantage to him ; and as 
yon are independent of the Hamilton 

nmtily, I think you should accept of Douglas, while the person uaimg hiii 
Lord Douglas's offer. If you have name was not even a factor on any df 
not made a promise to Lord Archibald Ills estates ; nor, so fiir as he knew^ at 
Hamilton, I think you have good all in his employ. He thought thd 

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more proper course would be to put 
Ferguson upon his trial; and he would 
be ready, to the best of his abilities, 
to execute any order the House mtffht 
give upon this subject. Lord A. Ha- 
milton havingcoroplained of other iro^ 
handsome measures used to exclude 
him from Lanarkshire^ the Lord Ad- 
vocate declared, that he knew of, and 
bad been concerned in none ; but he 
could not help observins, that the 
Duke of Hamilton had made, out of his 
great estate in Lanarkshire, thirty 
TOtes, called parchment votes, to 8e« 
cure the electioo of the noble Lord, 
After some farther debate, it was de- 
termined to refer the question to a 
committee of privileges. 

On the 27th April, Mr Wynn pre- 
sented the report of the committee, 
which bore, that Thomas Ferguson* 
by the above letter, had grossly vio- 
lated the privileges of the House. On 
the reading of this report, Ferguson 
was immediately ordered into custody. 

On the 5tk May, Sir F. Burdett 
moved for the immediate discharge of 
Ferguson. He insisted that his of- 
fence was only similar, but in a small-* 
er scule, to that which had been pro- 
ved against Lord Castlereagh, and 
some other members of administra- 
tion* Yet Fei^^uson had been dri^- 
ged from hts country and family, and 
•hut up in Newgate, for an offence 
ten times less. Lord Castlereagh 
observed, tbat» without giving any 
opinion on the case of Ferguson, he 
could not help remarking, that the 
only object of the honourable Baronet 
appeared to be, to lower the charac- 
ter df the House. He did not feel at 
all smre mi the personal allusions to 
liimself ; that subject having met with 
the full consideration of the House. 
Mr Wynn strongly opposed the mo- 
tion of Sir FranciSy which was then 
Ontbe ISth May, Mr Wynn moved 

for the removal of Ferguson from 
the office of surveyor of taxes which 
he now held. This very office ren- 
dered it illegal ^r him to interfere, 
yet he had not only done so, but had 
used, withoutany authority, thename 
of a peer of the realm. Mr Wynn 
endeavoured to prove that dismissal 
ftom office had been the unifbnn 
puni^ment inflicted by Parliament 
m such cases. Sir F. Burdett, how* 
ever, moved the reading of ^e peti- 
tion of 1798 ^tom dM friends of the 
people, stating that a maj(Nrity of the 
House were nominated by peers^; 
and also the resolution of ^e 18th 
April 1793, relattng to tbe great 
Grimsby Election, l^ which the 
Hon. W. W. Pole was dedared guilty 
of bribery through his agents. Lord 
Folkestone, however, could notagree, 
that because great offenderr escaped, 
small ones should plead this escape 
to secure impunity. Mr Bathurst, 
on the ministerial side, supported the 
motion ; bat Mr Stnrges Bourne, Mr 
Lyttleton, Lord Binning, and Mr 
Canning, thought that Ferguson had 
already been sufficiently punished; 
that it would be un&ir to use bis own 
evidence against himself, and also to 
deprive him of all means of subeiet* 
ence. The motion was then nega* 
tived by a majority of 106 to 57* 

Meantime, Ferguson continued 
still under confinement Having, 
however, on the 18th presented a 
petition for release, Lord A. Hamil- 
tion, on the following day, stated that 
the House not having judged proper 
to visit this person with loss of omee, 
he considered his confinement to 
have now continued for a sufficient 
length of time, and moved that he 
should be to-morrow called up and 
discharged. The motion was acqui- 
esced in by Mr Wynn, and Ferguson 
was accordingly disduumd next day, 
with a sevore reprimand. 

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Chaf. la] 





State of Parties. — Law respecting the Press — Debates in the ZW Chambere-^ 
Rejected.-^Law far the Recruiting of the Army^^Agreed to. — The Bud' 
get. — TJie Concordat — Congress of JixJa-ChapeUe. — Treatif for ^ Eva- 
cuation of France ^ the AUied Powers. 

Fbavcb, at the oommencemeiit of 
the present year^ might be consider- 
ed in a deciaedly improved sitaation. 
Every period, however short, which 
elapsed without any actual commo- 
tioD, waa so much gained for the mo- 
nmrchical and constitutional system* 
The £dluie of all the hopes and efiorta 
of the votaries of the former regime, 
tended much to lower the hopes 
which had hitherto buoyed them up. 
Those daring spirits, which had lived 
in the lofty excitement of war and 
adventure, began in despair to apply 
themselves to regular and peaceful 
oocopotioB. A confidence in the per- 
manence of the existing order of 
things tended, beyond any thing else, 
tosecure that permanence. This con- 
fidence b^pan to diffuse itself even 
among the other powers of Europe ; 
and France was silowed to hope for 
some release from those enormous 
burdens, and that humiliating sub- 
jectioo, which had succeeded to her 
former wide, extended dominion. 
Finding thus, afkec such awful vicis- 
otudesi the sun of tranquillity be« 

ginning to dawn, she applied herself 
now to the settlonent of her internal 
administration. Almost all the nsea- 
sures bearing this tendency, which 
had been hitherto taken beyond the 
charter, could only be considered as 
temporary and provisional; it was' 
now time to £x them on a durable 
•basis. France, thus occupying her- 
self in tranquillity with the esta^ 
blishment of a new order of things* 
had manv sources from which uie 
could cull improvement. She could 
preserve or restore whatever was. 
worth preserving in her ancient r^ 
gime ; she could retain all the im- 
provements introduced bv successive 
revolutionary systems, cleared from 
their attendant deformities i in fine^ 
she could borrow from hen neigh- 
bours whatever aj^ared most eligi- 
ble in their respective institutions. 
These delicate operations, however, 
were to be performed amid external 
tranquillity indeed, but a violent con* 
flict of parties within. The parties 
to which the French I.egislative As- 
semblies afforded the arena of contest. 

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were arratijred in a very unusual or- 
der. The natural division in a mix- 
ed fijovemroent, and that always ve- 
rifi«l by British experience, is into 
the cou't and country party, the 
Whi^ and Tory, into one which 
seeks continually to extend, and an- 
other, which seeks to limit the power 
of the monarch* In France, on the 
contrary, the moderation of the King, 
with die delicate and perilous situa- 
tion in which he stood, made him 
more afraid of his too vehement 
friends tlian of his open enemies. 
His ministers endeavoure<l to take a 
middle station between the ultra- 
royalist party on the one side, and 
the ultra-liberal or semi- republican 
on the other. I'hey had dtns to con- 
tend a^inst not one, but two violent 
and inflamed oppositions. The strict- 
ly ministerial party formed a decided 
minority, as the votaries of plain ras- 
son m«st always be; y«t, by thvin- 
floenoe of the Crown, and by oa»- 
ceasiona to the mere moderate nsa t i i 
bert of the parties contending on 
other side, it was converted, on most 
* questions, into a narrow ■oajority. 
The hope, whidi might aeoM reason- 
able, of playing off one onpo»ition 
•gainst the other, was usually disap- 
fxrinted. When die vote came, thrae 
two f^rioudy hostile fiwtions usually 
eoaleaeed against the measure of tni- 
■istry. TMy opposed it, indeed, on 
completely, oonttary grounds ; but 
adll diey equally opposed it The 
high royalists, peraaps, were those 
who viewed the measures of the Court 
•with the deepest hostility. These 
were men of principle, like the old 
English Tories ; they supported mo- 
naraiy against monarchy itself— sup- 
ported it without hope of the usual 
rewards, but in the face of neglect 
and almost persecution. Thia body 
considered itself as deeply and mor- 
tally wronged. The Sovereign ap- 
ftmtd to ttiem to have been aebed 

with a fatal frenzy, which made 
him treat as enemies the only per« 
sons who were really attached to 
himself and his cause ; while some of 
his worst enemies were counted in 
the number of his friends. To diia 
preposterous system they attributed 
all the disasters which had befallen 
the house of Bourbim since its first 
restoratipn,and augured others equal- 
ly fax$\ ka likely to ensue from their 
obsdnate perseverance in it The 
opposite piarty considered the Conrt 
as its natin*al enemy, and though it 
pushed the opposition with rigour, 
felt not those sdngs of disappointed 
expectation and personal enmity, by 
which the others were so deeply eni- 

In diis state of things, the session 
of the L^sladve Body, opened an 
the 5th November, 1817, excited an 
extraordinary interest The first ques- 
tion which gave rise to <Mscu$sion 
was the law pfil(M>sed by government 
rekdve to the liberty of die press. 
A free fresa had been nominally 
recognised by Louis in the charter ; 
but subject to such regulations as 
might ht necessary to repress its 
abusee. The leguladons made on 
this gr^Mmd had been hitherto audi 
as to render the principle in a great 
degree nugatory. In the present 
proposition, the r es tw unts were very 
fkr from being abrogated. A dis- 
dntitioii was made between crimes 
and offences againrt the law; the 
former, of rare occurrence, were alone 
carried to the higher tribunals ; ibe 
latter, including almost all theae 
which inciured die anwnadvctsion of 
government, were placed under (he 
jurisdiction of thepolke, before whidi 
were dragged the mORt diflftinguSahed 
authors along with the refuse of oo- 
ciety. Thene was> nonmiany» no 
censorship, unless on the journals; 
but an author was required, some 
tune before the actual |mblication of 

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Cbafw 10.3 



his worlf, to cU|iofit a C9fpy ihtbe «r« 
fioe of police; and thb «lt|ioakwa% 
IB the ejre of tbe hnr, oontideMd at 
a |mUfic»don. In i n i t ii m ti on of Mb, 
be wat^ upon aUoiving the whole im« 
preaaidn to be aeiaed^ abaohred fVtim 
WBff fariiier penalty. The offence 
wot also pmcribed at the end of a 
year, reckoning from the day of de- 
poait. The ccnto fwhi p on Joornals 
and periodical works, wbidi treated 
on politics^ was propoaed to be con* 
timted till the Ist January, 18S1. 
This laat artiele waa defmded by M. 
Paaquier, the keeper of the teals, as 
necessary in the siteation o£ the 
ki ngd o m, in circnniH a nce a improved 
doi&less, but still lAenovs, among a 
psojple aearoely escaped from a long 
polmcal convulsion, which had seen 
almost all its ancient legislation 000- 
dcnmed, without being sible to con- 
ceive for the new ^stem thi^ spe* 
eies of veneration which time alone 
brtnga in aid of famnan institutions. 
In f^nce, aU projects of law must 
pafs tiirough a committee befbre any 
debate on tfaem takes pUce. The 
c uuwn i Ue e could not consider the de» 
posit of a book as a publication ; at 
the same time, they oontidered it ad« 
viMble, diat government, thns ad- 
vertised of the existence of a work 
damgerous t6 tlto state, should have 
the power of prosecuting prior to the 
actual publication. To exempt, how- 
ever, an author fVom prosecution, 
upon his agreement to suppress his 
work, appeared to them '* an awk- 
ward capttulatf on between the accu- 
eera ami the accused, suited to the ' 
digni^ neither of the man of letters 
nor of the judicial power." It pro- 
poeed to continue tlie censor^Jp on 
the Journals only till thei end of the 
IbUowing session. Trial by jury, 
and even by a special jury for the 
purpose, bad been proposed by some 
nemhers, but rejeoed by the majo* 

The Urst opponent of the measure 
m Baron Martin de Gray, who con* 
sidered the subjection of the press to 
the police, and the system of prose- 
cution and sebvre prior to publica* 
tion, tm more injurious than censor- 
Mp itselH What the law called of- 
fences against the press, were much 
more important than what it called 
crimes. Tbese kst were only of rare 
ocourrsnce. Offences against the 
press difered fVom idl other offences. 
They acted oq the whole social sys- 
tem. '' They are connected," said Ae 
orator, " with the liberty of thought, 
on which all other libeities depend ; 
ftnr the manifbstation of thought is 
the moving and vital principle of 
every fVee and representative govem- 
nent In the judges, who are to 
pronounce on those offences, how 
important to secure impartiality, in- 
dependence, intelligence, and almost 
a turn of mind expressly suited to 
that particular object Yet, in a 
country which has consecrated the 
institution of a jury, the police courts 
are to decide on the exercise of a 
right which is the very soul of our 
constitutional system; these subal- 
tern tribunals are to sit in jnd^ent 
on Uiottght, on genius, on opmion, 
that queen of the world, as tney sit 
on beggars and on vagabonds. You 
empower a common police-officer to 
Bx the limits of thought, and to say 
to human reason, ' thou shalt go no 
fiurther.'—Another respect in which 
these oflences differed from all others 
consisted in the interest which go- 
vernment must always take in the 
decision. All governments aim at 
the extension of their power: for 
they are composed of men ; they as- 
pire to despotism, and their main at- 
tack is uniformly directed against 
the liberty of the press, because it is 
the strongest barrier against absolute 
power* Hence that natural, and as 
to were innate struggle^ between 

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jMOiRer and opfaiimi ; benoe, that ea- 
g^ness of government to endave ojn- 
njLon, which it would be soeasy for them 
tQ make an auxiliary ; to enslave it 
sometimes openly, sometimes in an in* 
aidious and deceitful manner^ to seise 
and chain this Proteus, which escapes 
from them under a thousand shapes." 
In such a case, did not a jury afford a 
better security than subaltern tribu- 
na1s> composed of judges naturally 
connected with ministers^ and expo- 
sed to their inBuence ? In admiring* 
however, this institution^ as it exist* 
ed in Britain and the United States, 
be reprobated the idea of a jury» such 
as was made by the men of Baona« 
parte, the list of which was in the 
hands of a prefect. . The orator then 
inveighed strongly against the censor* 
ship of the Journals, as subversive of 
representative government, which it 
tends to deceive respecting the na^ 
tional opinion, and to surround it 
with a factitious opinion ; as con* 
trary to the right of property, which^ 
it controls and suspends at will in 
the hands of proprietors. It appear- 
ed to him, Uut without Uiis thbre 
would be a thousand modes of keep* 
ing a watch over the Journals, and of 

Preventing the imminent evil which 
iey might produce. This mi^ht be 
done, either by suspending their im* 
pression, seizing their copies, or ex- 
acting a large security from their pro* 
J^rietors ; as well as determining by 
aw the punishments to be inflicted 
on them according to the nature of 
the offence. 

Mr Ganilh supported the same 
side* In studying history, observing, 
particularly in England, the effects of 
the liberty of the press, he could see 
no reason to suspend that of die Jour- 
nals ; their monopoly is like every 
' other monopoly, fatal to the country 
which it wishes to protect, and to the 
government which it wishes to favour* 
Nothing can supply the want of these 
echoes of public opinion. To them it 

bdn^ to «tter tr^tiei wMck cmM 
not beesprMB6d without dagger ev^en 
in the Chamber. Iftlieliberty of the 
press has incon^^enienees, it is )Sk» the 
lance of Achilles, it heals tlie wcmnds ' 
which itmakes. TheMarquisbfChati- 
velin argued on the same aideb This 
silence, at bottom so injurious to aa^' 
thority, must be broken every year un- 
der arepresentative government ; then 
comes a moment when those severe 
truths must break forth, particularly- 
due to the people fixmi their function- 
aries, when diej are become the able 
agents of their complaints. Then 
those late and long suppressed trails 
produce, as they issue ferth, a sort 
of explosi<m a hundred times more 
terrible than the daily ezpresiion 
df opinion purified by contradic- 

M. Yillele, from ^iHiom, as a high 
royaliatt other opinions might hare 
been expected, sealously supported 
the same side. I'' An attempt,'' said he, 
** thus to substitute arbitrary power 
for the reign of the charter, to employ 
under the Bourbons means worn out 
under BiKidaparte, shews a strange ig* 
noranoebothoftheBourbons and of the 
French ; it exposes equally France and 
legitimacy. France can avoid new 
convulsions, the throne new catastro- 
phes^ only b V the union of all Freneh* 
men around their legitimate King. 
This union can be effisoted only by 
confidence; confidence can be eat** 
blished only by the frank and com- 
plete execution of the laws subatita- 
ted at the restoration to those which, 
during centuries, united France to 
the reigning fam%." Other members 
of the same party complainedf that 
those writings only were allowed to be 

Imblished which were contrary to re- 
igion, to morals, and to the intereeti 
of a dass whom the government wuli- 
ed to cover with opprobrium ; that the 
Journals were op^n ontjr to calamey, 
and shut against the juadfication of 
the supposed opponents of ministry. 

Digitized by 


Chap. l(k'3 



Even M. de BomU, irink •li€D§i:f 
i«f»portuu|^ the censordiipy lamented 
tfie lot dr writen, mho, for some cr- 
Koneotw expreasioofty were obliged to 
•eat theeaaydTes between swindlers 
and prosdtntes* This party too de- 
manded a jury, but a jury oompoeed 
of men of rtmk, of great proprie- 
tors, of persons essemially friendly 
to stability. 

In reply to those ar^mentSy the 
Keeper of the Seals mamtained^ that 
the arrangement respecting the Jour- 
nals was necessary for me re^esta- 
blishment of order> for the extinction 
of party enmities, and for the main- 
tenauce <^ the general tranquillity of 
Europe. It appeared to him evident, 
that the ordinary means of repression 
could not be applied to these diurnal 
effusions ; and whatever mav be said 
of their influence and utility, he 
could never resolve to assimilate 
them to literary productions, inspired 
by genius and disinterestedness, ma- 
tared by reflection, and corrected in 
the silence of the closet* With re- 
gard to the seizure of books heiate 
publication, notwithstanding the op- 
posite inrstem of a neighbouring 
people. It appeared to him conform* 
able to the (Nearest laws pf the just 
and unjust. Could it be just, that 
there should exist a species of crime 
OT ofience, which had the privi- 
lege of being boldly consummated 
beneath the eyes of justice, the au« 
thor of which might be prosecuted, 
yet the completion of which could 
not be prevented^? If government 
has a right to make the seizure on 
puUication, this right must exist 
when the intention of publishing is 
fixed and declared, and has begun to 
be executed. With regard to the 
appointment of a jury to try the 
abuses of the press, he conceived 
that this would form too important 
a clause to be brought in as an 
am e ndm e nt; at the same time he un- 

deitoek to |Hrove, that themstte t don 
was not svited for such an object 
The fbnction of a jury is to ludge of 
the evidence of facts, a task which 
requires neither extensive knowledge 
nor any brilliant qualities of mind. 
The questions whidi craght to be put 
to them ought never to rise above 
the most common intelligence^ Crime 
has too obvious a diaracter to escape 
the most common observation; but 
it is otherwise with offences, the 
shades of which, varying to infinity, 
cannot be decided without a know- 
ledge of law, and the talent of judi- 
cial functions. How then are the 
offences of the press suited to the 
eognizance of a jury ? There are none 
surely more difficult to appreciate, 
none more remote from that simpli- 
citv and palpable evidence, of which 
a jury stands in need. A special 
jury, c(»npoeed of enlightened ment 
of great proprietors, would be no 
longer a jury, but judges, who would 
by no means present the same secu- 
rity as those who sit daily in our 
tribunals. > The irremoveabjlity of 
judges secures their independence, 
and the condemned have an appeal 
to the Royal Court* of which they 
would be deprived after the judg- 
ment of a jury. 

M. Ravez insisted, that the depo« 
sit of a book might at least be consi- 
dered as an attempt; and that the 
law punished the attempt to commit 
a crime. Indeed the deposit required 
by the law of 1814 is the official pub- 
lication of a work ; and if it could not 
be seized before iu circulation, sei- 
zure would be altogether illusory. 
Juriesy to judge of minor offences, 
would be inconsistent with the prin- 
ciple of French law, and would over- 
throw the judicial hierarchy. The 
variety of sentiments on the opposite 
side, some wishing a special jury, others 
a superior, and others the ordinary 
jury, shews the iippossibiiity of agree* 

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ing on ike tul^ect,and aferds another 
•rguitiefit of lit unficnfest lor the ob« 
jeoi propoaed. 

The rait speaker (m this side waa 
the Cottat de Case, then Minister of 
General Police* He expressed his so^ 
tisiaetloA at meeting ad? ersaries in 
the two opposite sides of the Cham« 
her, eom^tiding that the law was 
such «s it ought to be, sinoe it re- 
volted eqtuilly all violent extremes. 
He then explained in e few words the 
objects proposed by ministry : ** To 
voymliie the nation — to natromdixe 
voyaHsm-^-to protect all acquired in- 
terests, all properties— •to maintaiD 
a direet end complete eqaaHty*— to 
make the past be forgotten^— ^o ex- 
tingoish hatreds«-4o make power be 
10¥edandre«pected — were theobjecu 
proposed by gOTemment* the end 
which the King had in tIow, who can- 
not be the King of two natknis, and 
ean only hate one balance and one 
justice. Government demands the 
censorship of the Journals, to prevent 
a struggle between passions and en- 
mities^ which would be fatal, not only 
to the state* but even to the very per- 
sons by whom it is desired. 

After long debates, which lasted 
firom the lltn to the 9Xkh December, 
the Keeper of the Seels announced, 
that the King had granted his con- 
sent to the clause by which the cen- 
sorship on the journals was to termi- 
' nate at the close of the session of 
1818. This clause, however/was op- 
posed by several members, and car- 
ried only by a majority of ISl to 97. 
The • opposite side reproduced the 
project of a jury, against' which the 
previous question was twice carried 
with great difficulty. At length, the 
entire law being put to the vote, 
was carried only by a majority of 11 ; 
there being 12^ fori and 111 against 

The bill had stif ! to pass through the 
Chaxsber of Peers, where the report 


was presented by the Coaat de LalK 
ToUendaL After stating a general opi- 
nion in favour of the law, it condacM 
with the following somewhat remark- 
able expressions : ** Those whom the 
law is about to invest* for the fourth 
time, wkh an extraordiaary power, 
will certainly watch more scrupulous- 
ly than ever, that their agents may 
not renew the abuses which have been 
complained of. It would be equally 
ftital to themsdves, contrary to the 
dignity, and dangerous to the senti- 
ments of a great nation, and of loyal 
subjects, to be ignorant of what is 
passing amid them and around them. 
Thus we may hope, that, even during 
the suspensioQ of the independence 
of the Journals, the moral character 
of authority may effect what cannot 
yet be expected fitom the I^al cha- 
racter of liberty.*' 

The discussion in this Chamber as- 
sumed a very different tone from that 
of the Lower Chamber. The Abb^ 
de Montesquieu hesitated not to ad- 
vance the boldest aristocratic prin- 
ciples, and even to regret the depar- 
ture ofthefeudal ages. *< Our fathers," 
said he, ** set their chief value on 
honour and chivalry, — we on money, 
and commerce. They founded great 
corporations, — we have destroyed 
them ; they dreaded the excess of 
population,— we think it cannot be 
too much encouraged ; they cultiva- 
ted literature with reserve, and al- 
most with distrust,— while with us it 
has become a favourite occupation.** 
The liberty of the Journals, he urged, 
necessary, perhaps, in England, to 
temper the arlstrocracy reigning in 
its government, would be destructive 
to ours. France and England have 
nothing In common, but the combi- 
nation of the two Chambers in the 
making of laws. How could two go- 
vernments so different, be subjected 
to the same regulations ? How could 
the monarchic^ principle, deprived 

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of support, and left aalred^ as b our 
constitution, sustain the same shocks 
at in England, where an imposing 
aristocracyy covering it on all sides* 
e£fectuaUy repels the attacks dh-ected 
against it ? He did not wish to revive 
the two extinguished orders i^ the 
nobility and dergy ; but that there 
should be around the throae» and 
above the people^^ a virtuous, enlighu 
eoed, respected bod^ o£ men, from 
whom the people might receive the 
d^ree of instruction suited to their 
wants ; for in vain could they be call- 
ed to share the benefits of more ex- 
tended information. Devoted by their 
condition to hard and painful labour, 
the preservation and increase of bodily 
strength ought to be their only object. 
The culture of the mind, the sweets 
of civiliaation, are neither agreeable 
nor useful to them. It is enough for 
them to borrow from a more enlight^* 
ened class, notions of josticey of mora* 
Hty, of reUgion, which may guide them 
in the performance of their duty. All 
the economy of society rests on the 
existence of this higher class. Aris« 
tocracy is the basis of government ; 
in attempting to remove it, we leave 
tlie throne without support, and re- 
nounce every species of government. 
The orator then deplored the blind- 
ness of those, from whose sound 
aionarchical principles better might 
have been expected, who yet favour- 
ed the liberty of the Journals, and 
sought the alliance of a party, which, 
once victorious, would make them the 
first victims. Far from incurring such 
a reproach, he voted, as he always 
hdd TOted, and always would vote, 
against a Hberty, the evils of which 
did not appear to him compensated 
by any advantage whatever. 

On the other, M. Chateaubriand, 
vho equally held the principles of 
faiffh monarchy, adopted an entirely 
^lerent opinion with rdation to the 
preseat question. He considered as 


palpfMy w^isl^thelawwftidll ^ 
ed the act Of deposit as a publicatiaii. 
" In vain,"* said he, ^' is it inc e ss ant ly 
repeated, that wenust prevent orin^ 
in order to avoid the necessity of ra» 
nislung it. This maxim is gnmted t» 
an absolutCt but cannot be applied 
with- the same rigour to a representa^ 
tive mooiurdiy. There the indspaa. 
dence of public opinion is ^e first 
want, the most powerful spring of go^ 
vemment. Do yoa boKeve^'* said the 
noble oratory '< that favour would 
have been diewn to certain pa osogcs 
in the Characters of La Bruyere, and 
the Persian Letters of Montesquieu ? 
yet I confess, I should see with pidhi 
La Bruyere and Montesauieu drag- 
ged before the police, ana confound- 
ed with pickpockets wad prostitutes." 
M. Chateaubriand finally complained 
of the treatment experienced bv hom 
dividualsy and particularly or the 
persecution against his own party. 
•* What," said he, *' k become of the 
l^rty of opinion, even in the Cham* 
her ? Every member of the minority 
who rises, must first ask himself if he 
has any thing vet to lose, if att htSi 
sacrifices are already made. If the 
liberty of opinion ought to be respect- 
ed any where, is it not in a peer,^ in 
a deputy, whom his oath obliges to 
declare it whenever he thinks it may 
be usefhl?^ He could not, without 
profound grief, see the most worthy 
servants of the king bearing the pe- 
nalty of this freedom of speech. He 
preferred the existing law, as provi- 
sional only, to the proposed one,whtcli 
would render permanent Hie evUs at« 
taclied to it. 

M. de Cazes, and the Keeper of the 
Seals, wlio, according to the French 
constitution, have the power of speak- 
ing in both Chambers, used the same 
argument in fiivour of the law, as 
in the Lower House. The Keeper 
of the Seals, however, opposed the 
amendment made by the Cnamber of 


Digitized by 




Deputiet, by wbich deposit was no 
Iqoger to be assimilated to publica- 
tioHf and to form a ground of judicial 
procedure. If this amendment were 
admitted, the author or printer^ after 
dep(>siling the book, might wait the 
f^vqurable moment for its publica- 
tion, and fatiguing the authorities by 
delavt might surprise them by the 
sudden distribution of a dangerous 
work^ which would otherwise have 
been prevented. The clause, how- 
ever, was carried by 160 to 86. 

The crisis of the bill now came, and 
the issue was different from what had 
been generally anticipated. On the 
2Sd January, the vote being put on 
the entire law, there appeared for it 
^9» against it 102; majority against 
the law, 43. Thus this project, which, 
4uring nearly two months, had oc- 
cupied the exclusive attention of the 
Chambers and of the public, and had 
called forth the talents of so many 
orators, ended in nothing. . As mat- 
ters stood, however, the result was 
agreeable to both parties. Ministers 
considered the clauses introduced^ 
particularly that of deposit not form* 
iDg a ground of legal procedure, as 
nearly annulling all the checks which 
they possessed upon the operations of 
the press, and preferred goine on with 
the present law, which afforded them 
very extensive jurisdiction. The op- 
posite side were also plea$ed,becau6e, 
however unsatisfactory the present 
state of the law was, the growing 
strength of the friends of free discus- 
sion, both in and out of the Chamber, 
inspired sanguine hopesr that the re- 
newal of the contest next year would 
produce a more favourable issue than 
could have been hoped for 90 the pre- 
sent occasion. 

The next project submitted to the 
Chambers^ had in view the resto- 
ration of an army to France. That 
country, which once domineered so. 
high ov^r the other nations of Europe, 

was now, like the lion in the fisd)le, a 
prey to the weakest of its foriper ene- 
mies. Those terrible legions, which 
scattered before them the veteraa 
armies of Russia and Gerqiany, pre- 
sented now only a mass of officers 
without troops to command. Nor 
did France possess any present means 
of supplying this deficiency. Her re- 
venues, exhausted in supporting the 
vast foreign armies with which her ter.- 
ritory was burdened, afforded no sup- 
plies for maintaining an army of her 
own. The minister himself, in sub- 
mitting the project, stated, that it was 
in a great measure only for a proper 
army, and that no more could be rai- 
sed at present than were necessary 
for garrison-duty. It was now, how- 
ever, proposed to submit to the Cham-» 
hers the pern^ment system, upon 
which the peace establishment of the 
kingdom was to be placed, leaving it 
to time to enable the executive go- 
vernment to carry it into full execur 
tion. According to the plan submit- 
ted by ministry, the peace establish- 
ment was to be fixed at 240,000 men. 
The recruits were to be raised, as far 
as possible, by voluntary enlistment 
&r six years ; without, however, any 
bounty being given. The deficiencies 
of this enlistment were to be supplied 
by what was called appeU, or compul- 
sory service. The subjects of this 
levy were to be the young men who, 
in the course of the preceding year, 
had completed the age of twenty ; but 
the total number of recruits raised in 
one year was not to exceed 40,000. 
The dimissed veterans were to be 
formed, during six years, into legiojns 
for the defence of the territory tp 
which they belonged. In time of 
peace they were to be subject to no 
service, and in time of war could not 
be marched out of their own military 
division, unless by virtue of an ex- 
press Jaw. The most remarkable part 
of the plan consiisted in tlie regula* 

Digitized by 


Chap. ia3 



A}n% on the subject of promotions* 
No one could be an inferior (or what 
we call a non-commissioned ) officer^ 
till he was twenty^ and had served at 
least two years in the regular army. 
No one could be an officer, till he 
had either served two years as an in-> 
ferior officer, or had gone with sue* 
cess through the exercises of the mi- 
litary schools. A third of the sub« 
lieutenants were to be drawn from the 
inferior officers. Two-thirds of the 
places of lieutenant^ of captain, of 
chief of battalion, and of lieutenant* 
colonel, were to be given according 
to seniority. No officer could rise to 
the superior rank, till he had been two 
years in the one immediately inferior. 
These regulations could be dispensed 
with, only from necessity in time of 
war, or m consideration of brilliant 
exploits noticed in the orders of the 

The plan for embodying the dis« 
banded veterans into legions for in- 
ternal defence, called forth vehement 
strictures from both sides of the 
House. By one it was urged, that 
these troops, having obtained a free 
and full discharge, could not justly 
be called again into active service; 
that of the 180,000 men disbanded in 
1815, there were so many who must 
then have been, or have since become, 
unfit for active service, and so many 
who could not now be traced, that 
the number would not be sufficient 
for the object in view. The Ultra- 
royalists, on the other hand, thun- 
dered against this measure, as calling 
into action a force from which legiti- 
mate monarchy had every thing to 
dread. *♦ What more," exclaimed the 
Count de Sallaberry, ''could be wish- 
ed for by these daring and ambitious 
ineo, who will not yet renounce the 
idea, that their banners may again 
float on the capitals of Europe? What 
other wish could be formed by hun- 
dreds of young madmen, trained, to 

their mtsfbrtune, in the precepts of a 
master whom the. alliea powers, in 
the name of humanity, have condemn- 
ed lienceforth to repeat only to the 
echoes of St Helena those Precious 
and impious words, * men are made 
for slaughter, and the sabre is the le- 
gitimate sceptre of the world?"* The 
orator then deplored the wrongs sus- 
tained by the most faithful friends of 
the king* " The enemies," exclaimed 
he, *• of the monarch and of legitimacy, 
could wish for nothing more than to 
hear his Majesty's ministers propose, 
on pretence of economy, to dismiss 
those faithful soldiers who, from fra- 
ternity in arms,, from community of 
danger and glory, had ceased for 
many ages to be foreigners in France ; 
soldiers who might truly be said to be 
naturalized by the blood which they 
had shed for France and for its kings* 
Nothing but an army was wanting to 
the genius of evil ; and now it is to 
get one. It thus hopes to re-establish 
the illegitimate government on the 
ruins of the charter and of legitimacy, 
—on the ruins of the throne, — at the 
foot of which will fall those true ser- 
vants, whose vain fidelity will then be 
ieen and acknowledged, when it was 
too late.*' 

These observations were answered 
by M. Bignon, who said, " We must 
tell those who are frightened by the 
phantom of the old army, that their 
prepossessions are unjust, their alarms 
unfounded ; above all, that the dread 
of imaginary has often given birth to 
real danger. For such a crisis like 
that from which we have escaped, for 
8uch evils as we have suffered, there 
is only one remedy — oblivion^ Obli- 
vion alone can heal the wounds of a 
long agitated state. He who will not 
sacrifice to oblivion, perpares new 
dangers, new tempests for his coun- 
try. What Frenchman does not need 
to forget something, if not for him- 
self, at least for his family,r-*bi8 bre- 

Digitized by 


180 EDINBURGH ANNUAL REGISTER, 1818. {[Chavw la 

direii,-4ii8 diildren ? Error has been 
in every camp; it has been in the 
walls and out of the walls; it has 
marched under every banner* Over 
whom would the king now reign « if 
be had not known what it was to for- 
get?" The orator then pointed out 
the advantage wluch the army would 
derive from a mixture of veteran sol- 
diers and experienced officers, while 
otherwise it roust be composed alto« 

§ ether of new levies ; that it would be 
angerous to leave the old army en* 
tfrely without, and distinct from the 
existing army ; that these distinctions 
roust be made to disappear, and these 
shades to melt into each other. 

The oppe/, or compulsory lev^, was 
strongly objected to, as renewing all 
the evils of the conscription ; but it 
was answered, that the mode of vo^ 
luntary enlistment had been tried and 
found insufficient ; and that there was 
no other mode of levying an army. 
The new regulations, besides, were 
calculated to do away that indis* 
criminate severity with which the 
conscription had been enforced. The 
clauses relative to promotion met 
with opposition on both sides of the 
Chamber* One represented it as de- 
priving the king of his just rights in 
the appointment of officers, while it 

Xed advancement to individuals 
had no other qualification for 
high command but long service. In 
their view, the higher places in th^ 
army ought not, unless in extraordi- 
nary cases, to be open to soldiers risen 
from the ranks; but they ought in 
general to be confined to those whose 
situation in life gave them the means 
•f more extended information. An 
opposite class of reasoners contended, 
that the proportion of a third to be 
taised from the ranks was too small ; 
and that to draw all the rest from the 
military schools, was allowing too 
^reat an advantage to the aristocratic 
Against both these opinions. 

ministers i 

posed was on the whole best calcu* 
lated to reward at once merit and 
long services, and to maintain the 
army in an efficient state. 

Trie question, after all, upon whidi 
the Chamber was most strongly di- 
vided, was one which arose unexpect- 
edly in the course of the debate. Ac- 
cording to the project submitted by 
the Crown, the amount of the peace 
establishment of the army was per- 
manently fixed. Several members de- 
manded, that its amount should, as in 
England, be the subject of an annual 
vote. M. Chauvelin urged, " The Char- 
ter has given to the two Chambers the 
right of discussing and voting the taxes. 
Forced levies are a tax in men, — the 
most burdensome of all to him who 
pays it. It has reserved to them also 
to determine the mode of recruit* 
log. Under both these views, the 
annual vote a{ the army falls essen- 
tially to the two Chambers, — they 
cannot abdicate this essential right.* 
M. Colard also urged : — " The go- 
vernment, using the right with which 
the law is about to invest it, might 
raise the army to24O,000 men. In vain 
would the Chamber deliberate, if these 
existed, without it and in spite of it, 
an unlimited army, not less independ- 
ent than the civil list. When such an 
army shall have been placed beyond 
the reach of the national power, — po- 
litical rights are out of the question, 
— institutions are a sport, — ^liberty a 
dream.'* The plan of attacking the 
establishment on the side of expeuce* 
appeared to^him either ineffective, or 
tending to anarchy. " What do yoa 
gain then, by displacing the difficulty 
of the annual vote, and transporting 
it to the moving ground of the bud- 
get, except to reproduce it a thou- 
sand times more terrible and more 
dangerous?'* On this question, how- 
ever, ministers had the universal sup- 
port of the Ultra members. A con- 

Digitized by 


c«AA. lar} 



tmeiital staftti Ibey insifttd, night aa 
wen ditann altogether, as oppose 
what oiaj he called a moveable wee* 
to the permaneot force of its neiglu 
hours. The King, with taimtermiUing 
9nay» could not effectually make &L 
ther war or peace. The insular st- 
tuatioo of England might enahle her 
to neglect means of defence adopted 
by the continental nations ; but Uiis 
example, departed from by itself ui 
the formation of the militia, was not 
appUcable to France. The gOTem-> 
ment of the Kbg will never refuse to 
give, on revision of the budgets every 
necessary information respecting the 
strength of the army ; thus the Cham- 
bers will always be able to influence 
effectually, in a manner more consti* 
tutional and less dangerous, the tran- 
quillity of France and of Europe. 

The debates continued in the 
Chamber of Deputies from the 14th 
January to the Sth February, on 
which last day, the question being 
put, the law was carried by H7 
against 92. 

On the 9th February, the law was 
carried into the Chamber of Peers i 
and» on the 24th, the Duke of Taren- 
tum brought up the report of the 
eoounittee. It approved of the law 
in general, particularly of the prin- 
ciple of compulsory levy. Voluntary 
enrolment was said to have been so 
little successful, that it was necefr* 
aary to dismiss one-fifth of the guard 
recruited in this manner; and of nine 
hundred military sentences passed in 
the course of two years, eight hun- 
dred and fifly were upon voluntary 
recruits. Two amendments only were 
propoeed, one eKempting from territo- 
rial service married men, and those 
who had been dismissed by what were 
called absolute cong^. On this point, 
the Duke could not refrain from some 
statements that personally concerned 
himself. " Charged," said he, ^* at a 
time which I scarcely dare think of, 
with an operation perhaps without e&« 

ample in the Military Uatory of na,. 
ttonsy*-a& operation which, from be^ 
ing necessary, was not the less grie- 
vous to me, I gave to my ancient 
companions hi arms the solemn as« 
surance, that the terms of their dis* 
solution should be fiuthfuUy fulfilled, 
and that they n^t trust, without 
reserve, to promises made by the 
Throne. Could 1 abandon them after 
having been the witness of their he- 
roic resignation ?" The next aascnd- 
meni proposed, that promotion by so* 
niorlty should cease with the rank #f 
captain. Carried further, it appeared 
to the committee destrucCive of all 
ambition, and exposing higher cooh 
mands to fall into the hands of oficera 
destitute of the necessary talents. 

The MarauisDessolle opposed both 
these amenoroents. The former ap< 
peered to him to be only creatira a 
reserve in order to d^troy it. What 
was tbis pretended faith ? The soU 
dier, who had received biscong*^, was 
liberated indeed from all active aer-> 
vioe; but the service proposed for 
the veterans was the duty of all the 
duty imposed on the national guard, 
which is itself only the nation orgs^ 
ikized in a military manner. It waa 
a service on their natal soil, the limits 
of which they were never to pass,— 
a service in their homes, and ror their 
homes. Would these brave men wish 
a privilege, which should exempt them 
alone from being called upon in the 
moment of danger ? Promotion by se^ 
niority toO| should, he thought, be 
extended to the rank of lieutenant- 
colonel,^— the first step, in his op]nion« 
when an officer woulo Itave a full op^ 
portuni^ of distinguishinff himselfy 
of drawing the attention of his supe- 
riors, and of creating a public opinton 
in his favour. 

In this debate, attention was chiefly 
attracted by the speech of Chateau-i 
briand, who attacked, with the utmost 
severity, the eonscription reproduced 
under tJie name w a^eL H^ de« 

Digitized by 




scribed k aa a meanire natural at 
once to despotism and democracy ^ 
to the f(»tner, because it carries off 
men by force, Tiolates political and 
individufU liberty, and is obliged to 
employ the most arbitrary measures 
in Its execution; to the other» be* 
cause it reckons roan only as an indi- 
Tidual, and establishes a metaphysical 
equality, which does not exist in pro- 
perty, in education and manners. The 
despot is a leveller like the people ; 
thus» the conscription, decreed under 
the republic, passed as a natural in- 
heritance to the empire under Buona- 
parte. This orator, however, took a 
very different view from the other Ul* 
tra-royalists, of the character and ser- 
vices of the old army. ** I have always 
thought," said he, " that the French 
soldiery is the first in the world ; ir- 
resistible in success; patient, what- 
ever may be said to the contrary, in 
misfortune; full of intelligence, of ge- 
nerosity, of honour ; a single mark of 
esteem is enough to carry it to the end 
of the world. What should we be to- 
day, gentlemen, without the courage 
of our army ? It has thrown the veil 
of its glory over the hideous picture 
of the Kevolution ; it has wrapped the 
wounds of the country in the folds of 
its triumphant ensigns ; it shared not 
in the death of the most virtuous of 
kings ; it refused to turn its arms a- 
gainst the emigrants and the English 
prisoners. It could not indeed pre- 
vent all our enormities ; but at least, 
it threw its valiant sword on one side 
ef the balance, to serve as a counter«t 
poise to the revolutionary axe." Not- 
withstanding this panegyric, the ora- 
tor could not shut his eyes to the dan- 
gers arising from the simultaneous 
existence of two armies, having se- 
parate characters and interests; he 
reproached ministry with their dis- 
trust of the Vendeans ; ** those he- 
roic labourers, who turned up with 
their plough the bones of their fk« 
thersi who d^d for the King ; pe*. 

sant warriors, who in Ae raomfog 
cut down the field, where in the erto* 
log they were themselves to be cut 
down." The principle on which they 
were rejected, ought to have conclud- 
ed equally against the force noir pro- 
posed. The most generous sentiments 
have their illusions and their chime- 
ras ; even the love of country may lead 
men astray. As for the article relative 
to promotion, he would not mention 
one of its provisions. The very prin- 
ciple appeared to him a direct attack 
on the royal authoritv. What sort of 
army would it be, which should owe 
its promotion to a law ; ah army rea- 
sonmg on its rights, approving or cri- 
ticising the law, deliberating in its 
barracks? Had they forgotten Si 
Cloud, and the grenadiers expelling 
the representatives of the people? De- 
mocratically as the army was compo- 
sed, it did not the less turn to the door 
the Council of Five Hundred. " The 
Gauls, gentlemen,adored theirswords, 
and we have not lost this superstition 
of our forefathers.** M.Chateaubriand 
concluded with lamenting the general 
tone of sentiment which prevailed 
around him. ** Every thin^ becomes 
worse ; the fatal spirit, which produ- 
ced our misfortunes, is rekinaled on 
every side ; vain questions are recall- 
ed; the errors and laneuaee of ao^ 
archy are called up afresh ; the wordi^ 
with which they plundered and slaugh- 
tered the nobles, and led Louis XI V. 
to the scafibld, are heard aneir. We 
are turning our steps backwards, 
we are descending again into the 

The Marquis de Lalli Tollendal de- 
fended the law in all its provisions* 
Amid the artisans of trouble, and the 
prophets of evil, they were advancing 
from year to year towards the cdm« 
pletion of the great work undertaken 
by the wisdom and benevolence oft 
the sovereiffn. He, a royalist, who 
might well boast of being as proved 
and tried as imy, inust own himself 

Digitized by 


Chaf. 10.;] 



to liave Alt some apprehension at 
the idea of a peace establishment of 
^40fiOO men, and was only reassured^ 
hy considering the national elements 
of wbioh the King wished to compose 

Twenty orators were heard on the 
project; and sixteen more were ready - 
to speak, when the Chamber determi- 
ned to dose the discussion. So eager- 
ly was it carried on, both with respect 
to the general law^ and to each parti- 
Cttin* proTision» that the issue was 
coDsudered as extreinely doubtfii]. On 
pottiDg the Tote, however, the ma- 
jority was found to be decisive. Of 
17a Peers present, 96 voted for the 
Imwf aad 74> against it> leaving a ma- 
fority in iu favour of 22. 

Tbe next subject of consideration 
to d»e Chambers^ was the budget, 
which excited in France itself a much 
d ee p er and more serious interest than 
any other. This- interest was not un- 
■uosied with fear, considering the 
boraens of all kinds which the nation 
kmd to support, and the immense 
aiima which were to be paid to the 
ferei^ troops occupying her territo- 
ry, l*heresult was on the whole more 
terourable than these circumstances 
pave, ground to expect. The follow- 
ing statement of the expenditure^ and 
of the ways and means, was submit- 
ted to the Chamber, by the Minister 
«f Fuumce: 

Ordinary Expences* 

Incemt of the old and new Francs. 

Public Debt, 140,782,000 

SmIdngFimd, 40,000,000 

Annuities, 12,000,000 

PUflioiu of every kind, . . 65,908,000 

Civil list, 34,000.000 

Clerjnr, (besides pensions), , 22,000,000 

Chamber of Peers 2,000,000 

Chamber of Deputies, . . . 680,000 

G e Bc r a l services, {minitteres)^ 292,913,000 

Departmental expencesy . . 31,976,000 

g inaoci a l operations, . . . 17,916,600 

Kegpdations, 18,000,000 

lU^try, ....... 3,000,000 


KairaortKnary Evpences, 
Third of the five instahnents Francs. 

of the war cootrHmtkm, . 140,000,000 
Pay aad support of ^e alMed 

troops, ....... 154,800,000 

Repayment and interejt of 

obUgations, 11,468.422 

Funds of Reserve, &c. . . <6,000,000 


General total of charge, 993,244,Q22 
About £41 ,383,500 Sterling. 

Ways and Meant, 


Land Tax, 259,054,937 

Personal contributions, move- 

ables, doors and windows, 98,423,663 

Woods, 162,200,000 

Customs, 80,000,000 

Indirect contributions, • . 120,000,000 

The post, 12,000,00c 

Lottery, salt works, . . . 14,O0O,0OC 

Returned in the Civil List, 3,000,00t 

Accidental receipts of Police, 5,900,000 
Retained on Salaries andPen- 


About £31,999,100 Sterling. 

Theretiius arose a deficit of 9,S84,400L 
to provide for which, the minister 
sought an annual revenue of sixteen 
millions, (750,000/.), of which, how- 
ever, he hoped, that only two-^thirda 
would be required for the service of 

These statements of the minister 
were referred to a committee» which 
seems to have proceeded with a very 
considerable degree of zeal and dili- 
gence. They spent four months hi 
investigating all the details of the fi- 
nances, m examming all tli^ docu- 
ments, and in consulting the persons 
most skilled on the subject. The re- 
port was presented on the Slst and 
22d March, by MM. Roy and Beug- 
not^ the former of whom treated of 
the wants of the state, and the lat- 
ter of the means of suppl3dhg them. 
They approved^ on the whole, of the 
proposition, recommending, however, 
some not inconsiderable reducticmi; 

Digitized by 




at k the w dcpartaent, 4,000^000 
francs,! navy, 1^50^^000% negodatuNiB, 
IfiOOfiQO; joiUGe, SOOfiOO% fioan- 
cnl operatieDty 7>l^7/)00f mnuj of 
«6Mp«tloD^ 4>8Oa.O0O; d^rtment- 
al exjtencetf 12»d55»O0O. I'^e total 
junoaat of the profoaedreAoctioas was 
SijSlSMy francs, or 905,000^ ster- 


Beugnot conclnded with ex- 
pressing his sanginne hope^ that the 
iwtion yrould speedily be relieved of a 
large propoition «f these burdens, in 
cmneanence of the evacuation of the 
T te nA -territor^r bj the allied troops. 
<< The King," said he, " has permitted 
«f €• hc^y that theseburdens abaf en- 
tifdy cease, and that our couaCry may 
)Mune that rank aneng «hfe nations, 
t^ick is due to the yalour of the 
French, and their fortitude in adver- 
^. Let tts hope also, that the al- 
lied soyereiffBB, tor the peace of tlie 
tuerldt will Esten to the wish of F^nce, 
wlfich bursts forth at once from the 
palace and the cottage, in which all 
ages, all ranks, all opinions, are con- 
fcaoded, and which propes 1^ iHeo- 
^BBgetic uaaniauty, that if a |;reat aa- 
aaoa may be plnaged into ausCMtuiie, 
it oan nefo* lose die femneDt of ks 
•dignity, aad of its strength." 

The debates on this aobject were 
nearly as long as in the others, bat to 
SM not eqawr imarestMig. The op- 
<|)ositioa eagerly -called lor the «Tacua- 
cion of Fjraace by the allied troops, 
not without dark hinta, as if asioisaers 
were not aaimaled with the same zeal* 
«< Who," exclaimed M. BigaoB, "could 
«veF, without the bitterest affliction, 
. jae his natal soil trampled beneath the 
loot of the foreigner i In seising our 
mlaces,they have not reached our aouls ; 
teaaath the material forms of senri- 
4iide, the heart of the citiaenpreserres 
•U its pride. He would not he a 
FraaohaMm, whose heart was not wmqg 
jrt theai^ of a fore^ araay lordiag 
4tiia«ttr dtieSf aad io oar *tilb^^i 

'^ww wiMddfli»t«aH foHta 
departttrei' who beiag able to faastoi 
this departure^ would oaaa eat to ikiay 
it a day, aa hour, an iastaat. Cattld 
there exist aa indiiriduBl so »ad as ta 
beliere, that the presence of foreign 
troops oould be aseful to the aafety of 
the gaveraaaent, to theaccurityoftiie 
throne? How coaaenptiUe would be 
that denatianaliaed asaa, the apostate 
froas has coantry, cnpable af conoei- 
viag aa idea ao odiously false I It sa 
France alone that can afford solid 
sapipart to a Fraacb monarch. It ia 
by uflitiag hi ms el f to hia people, hy 
existiag only ariUi his peopae, and for 
hh people, that a King of France finda 
safety and strength, happiaess and 
glory.^' In criticising the mi&taryex* 
peiiditure» he took occasion to deplore 
the loss of the old array, and drew the 
following striking picture of the state 
of France: ^^AUtbeReneratioay^aaid 
he, '< which is now in the vigour of age, 
has slept under the tent ; the artizan 
in his work«shap, the merchant In hia 
cattnttQff-houte,thelabottrer iahis cot« 
tage» talk orer their battles, aad look 
round agaia for the chiefr who shesred 
them the path to glory. What is tkett 
surprise, when t&y see idl miliiary 
honours bestosred on men wiw have 
done nothing either for their coun t ry 
without their King, or for their Kiaa^ 
without their country,^ {Mmmmn!} 
M. Bonald, the high royalist, conces«> 
ved that France must bear the penal- 
ties of that 9ituatsoB from wirich she had 
nbtbeen abletosaveherielf. ''F^xMnthe 
excess of the evil,'' said he, "arises the 
remedy 4 France cannot penah. If this 
eldest daughter of civiliaation oosdd 
be blotted from the list of nations, M 
Europe would not &1 the void left by 
its absence ; all its states, sooner or 
later, would sink iato theabyMsrhioh 
they had opened*^' 

in the course of the discusoion, M. 
Ganilh^ in estimating tin power of 
France;, to bear ^he proposed centribn- 

Digitized by 





\%Ut |V0M!l8 Qf lis WH* 

•t IfiO^OOCMIOQt. itniing. OftliiBhe 
dowed BQfiOO,00QL for the natote- 
■HMe «f the poor «pd laboriont olais, 
who flugltt amovnt to 2^000/XK), 
aSordii^ to evh inaa» tmljSl. ^ HtL 
mi mmtatLkmamui^ From tM remakme 
TaOOO/XXV. heiMiictedS7,50(),000£ 
of tanoi ind thus allowed to the 
S^OOe^OOO of peraoat whom be tM- 
poaed tolieifi easy diciiBiataiiceSy OBtf 
tf> 10#. per asniMD. Heaccv he iofier- 
a«d» that the aatkm was daily beca- 
mmg pooter, and ouiat looo be niiDed, 
wit&tit aome fresh reaoarce. On the 
M* Deiesaert observed, 
; ^ annual expcsdkare occaaoaed 
by the pdblic debt» amounted in France 
lo Mly 5t75(MXX)/. or about 4«. 2«^ to 
every iodiTiduaL In £n^aDd> it was 
4Afi0OflOOLf nMking UL I6s. Sd. to 
4Mch indmduaL The French paid in 
taxes l\L 5s. a^bead, the British 25L 

After long debates^ and several a- 
flwndaaents of minor unportance^ the 
budget was carried by the great ma- 
joiity of 176 against SO. In the 
Ciiaaiber of Peers it waa canied by 

A subject of aeoondary unportaooey 
baa whico excited soite interest* was 
the concordat comduded between the 
King and the Pooey for regidatisg the 
^onatitutian of the GaUican church. 
The appoitttaKiit of archbishops and 
hishop8» tbroMghont the whole king- 
Oemf was Tested in the King^ sobiect 
ao the ordination of the Pope ; nkd no 
Imfl or brie^ enumatiag from the court 
«f Home, could be pronntl^ated in the 
kiogdom-withoiithisaathentj* Those 
lahieh concerned the general church, 
or state of Fraaee» nmst be fvrified by 
the Chaaabera. Seven bishoprics were 
aabeadded to the fifty abeadyereoted; 
and two of those now escisting were 
to be CKcted rato arcbbaihopiios. 

Thaa SBcasurBi oo beiag submitted 
to the Chaaiheiat g«ve liee. to warm 

diipatatiofts. By aome it was repre*' 
sented as the only means of restoring 
the ancient sway of religion and order, 
while others considered it as under- 
aniaiag the liberties of the Galfk3aa 
church, and laying it again open to 
altra^montane influence. So vehement 
were the disputations* that the session 
elapsed without the public discussion 
baring e^r bee;^ opened. 

Tl^ last subject of importance sub- 
mitted to the Chambers, was of a 
grateful nature. The Duke de Ricbe*> 
&a announced aa approaching Con« 

Eof Sovereigns, and the sangnhie 
entertained by the King, that 
5 next meeting the French terri- 
tory would be evacuated by the allied 
powers. This, however, could be ex- 
pected only in case of the full licjuida- 
tion by France of the claims existing 
against her by the treaties of 1814 and 
1 81 5. The first of these consisted of 
the debts contracted by the French 
government, with individuals of the 
couaitries no longer forming part of 
her territory. This claim appeared 
evidently just, and had been acceded 
to by t^ French government without 
hesitatioo } but its amount had proved 
aouch greater than had been at first sus- 
pected ; and it was only by pleading to- 
t^inabHity of payment, that the French 
government could get it reduced to a 
sum which could be provided for by 
}6,0O0fiOQ francs {625,0OQL sterling). 
Of these, three millions were due to 
Britain, one to Spain, and the rest to 
the other Boropean sutes. The other 
claim consisted in the balance still due 
of the 700 millions of war contriba- 
Uon imposed by the allied powers at 
their last entrance into France. To 
provide for this, it was necessary that 
the French ministers should have cre- 
dit to the extent of an annual revenue 
of 1^4 millions of francs, or one million 
sterling. The whole sum, thus neces* 
sary, amomited to 40,000,000 francs 
(l,eS5|O00f.8terliBg). Notwithatand^ 

Digitized by 




ing thecoQsiderable amountof tbb tttm, 
its object was so dear to the French 
people, that not a single orator spoke 
against it ; and the proposal was car- 
ried by 162 votes, out of 179 that 
were present. 

By the Convention of 20th Novem- 
ber 1815* the military occupation of 
France by the Allied Sovereigns might 
extend to five years ; but if tUey should 
judge it expedient, it might terminate 
at the end of three. ,0n the same day, a 
private agreement was entered into by 
the Sovereigns themselves, according 
to which, this measure was only to be 
decided at a general Congress of them- 
selves or their ministers. The with- 
drawing of a fifth of the army of oc- 
cupation, had already announced the 
feeling of security which was beginning 
to arise in the Allied Sovereigns ; and 
when a general congress at Aix-la- 
Chapelle was announced for the close 
of the present year, little doubt was 
entertained in Europe of this subject 
being at least to be brought under 
consideration. Had there been any, 
it must have been removed by the last 
proceedings of the Chamber of Depu- 
ties, which clearly indicated the expec- 
tations held out on this subject to the 
French monarch. 

On the 25th September, the mini- 
sters of the differt^nt powers were al- 
ready as^mbled at Aix-la-Chapelle. 
The King of Prussia arrived on the 
26th, the £mperors of Russia and 
Austria on the 28ih. The Sovereigns 
of France and England appeared only 
by their ministers, — the former by the 
Duke de Richelieu, the latter by Lord 
Castlereagh and the Duke of Welling- 
ton, whose personal fame gave him 
a consideration equal to that of the 
sovereigns. It had been previously 
arranged, that all the formalities by 
which diplomatic intercourse on such 
occasions could be obstructed^ and 
which consumed more time than the 
.most jerious discussions^ shouldi>e en- 

tirdf cmktod f and tint ikt aovereigiis 
and ministers should meet and co&r 
in the same manner as any pmale par- 
sons doing business together. 

The grand question, which idafeed 
to the evacuation of France, was ▼ery 
. quickly decided. There it Hbtle do«bt, 
indeed, that it had been already pri- 
vately agreed i^Km between the courts, 
and only wailed a find ratificatioiu 
Serious remonstrances are indeed said 
to have been made fron some quarters, 
as to the dangers which such a step 
might involve ; but the decided opi- 
nion of the Emperor of Roisia, who 
held so prominent a place in the con* 
federacy, over-ruled every objectioa* 
A partial evacuation, proposed hy 
some, was justly rejected, as keepino^ 
alive all the irritation, while it lessened 
the security ; not even a fortress was 
to be retained. The decision was fi- 
nally formed on the 3d October,—- an- 
nounced at Paris on the 5th,*- and ike 
Convention for theevacuation of France 
signed at Paris on the 9th. By this 
act, the arrears of the war contriba- 
tion were fixed at 265 millions of francs 
(11,040,000/. sterling), of which 100 
millions were to be discharged by an- 
nuities, payable out of the French 
funds, and the remainder by monthly 
instalments, to be paid through the 
bouses of Hope and Baring. The 
next object of consideration was un- 
derstood to be, to provide some secu- 
rity against France disappointing the 
expectations formed of it, and resa- 
ming a warlike and revolutionary atti- 
tude. This fear appeared somewhat 
more urgent than before, in conse- 
quence of the agitation which had ma- 
nifested itself on occasion of the new 
elections. The formal renewal of the 
quadruple alliance, of 20th November 
1815, was mentioned ; but this mea- 
sure, besides being in a great degree 
nugatory, was objected to as hostile 
' and offensive to France, particularly to 
the King, who was himself considered. 

Digitized by 


Cfliur. la] 



ttet co ocg fD c d t «• one of 

by tat 

their alfiet. At length, it was deter- 
mined to emit a decUration, signed bj 
the ministers- of all the powers ; and 
which, with the other documents, will 
be foaad in the Appendix. It pro- 
ebiora the principles upon which the 
allied powers are determined to act, 
the intimate union which subsists be* 
twcen them, their determination to ad- 
here to the principles of justice and 
the law of nations ; and to maintain, 
by erery possible means, the tranquil- 
lity of Europe. 

The soTcreigns of Russia and Prus- 
da, after having dispatched the main 
hatiqess of the Congress, employed 
the days from the 20th to the 24th 
October in reviews of their troops. 

which were manoeuvred 6y the Duke 
of Wellington. They then, in com- 
pliment to the King of France, paid 
a hasty visit to Paris. Although the 
Emperor of Russia attempted to travel 
inco^ito, he was soon recognized, and 
received every where with the loudest 
acclamations. After an afternoon's 
sUy in Paris, and an interview of one 
hour wit6 the King, he returned to 

The new elections, and the opening 
of the Chambers, took place as usual^ 
at the close of the year ; but in order 
to exhibit a connected view of the ses- 
sion, we shall, as before, delay enter- 
ing upon its proceedings till the next 

Digitized tjy 





Spain — Regutattons concerning Exiles. — Finances.'-^Russian Fled^-Army.'^ 
Germany — Proceedings of the Diet. — Netn Constitution of Bavaria—of 
Baden. — Differences between the two States. — Wiriemberg, — Prussia, — 
Austria. — Saxony and Hesse. — The Netherlands — Meeting of the States.-^ 
Poland — New donsliiution and Assembly of the Diet. — Russian Finances. — 
Sweden, — Death of the King. — Norway. — Turkey. — Defeat of the Wa* 
habis, — Disturbances at Constantinople. 

Spain presented » during the present 
year^ an aspect of outward tranquillity. 
The enemies of the existing order, dis* 
couraged hy the abortive result of all 
attempts to subvert it» appeared to . 
have desisted from all further enter- 
prizes. The elements of the coming 
tempest fomented in gloomy silence ; 
but to a superficial observer* Spain 
seemed quietly submitting to the yoke 
of Ferdinand. The dark and bigotted 
system adopted by this infatuated 
prince* was carried every day to a 
greater height. The Inquisition was 
restored to all its plenitude of power ; 
fevery thing connected with education 
and with public instruction, was placed 
tinder its sole superintendence ; all it's 
old privileges and jurisdiction^ inclu- 
ding even the right of asylum^ were 
restored to the church. In the course 
of the year* however, some small mi- 
tigation, took place in the severity of 
the laws against exiled Spaniards. By 
an amnesty* published on the 15th Fe- 
bruary* the sentence of banishment was 
continued only against those* who* 
under new commissions* or a continua- 

tion of the old* should have served the 
French government in any of the 
higher civil departments* and in the 
army down to the rank of captain; 
also against those* who should in any 
shape have aided it by writing. It n 
stated* that the goods of those offend- 
cra might justly be forfeited* yet the 
clemency of the sovereign orders them' 
to be ^ven to the nearest relations, on 
condition of their paying half of the 
income into the public treasury* and 
alimenting the emigrant proprietor. 
All other exiles were allowed to return* 
within the period of six months, and to 
be reinstated in their property, though 
not in their offices or decorations. 

The circumstance* which pressed 
most immediately on the Spanish go- 
vernment* was the embarrassed state 
of its finances. The largest incum- 
brance consisted of what was called 
the Rmfal Valest a floating debt, of 
nearlv fifteen millions sterling* which* 
as it bore no interest* and as there was 
little prospect of its liquidation* had 
been grievously depreciated. A de- 
cree* published Sd Aprili admitted the 

Digitized by 


CSAP. 11.3 



ifflportance of oonsoHdatiag this debt, 
and pa^ng the interest, but stated the 
impossibibtT of doing to without im- 
posing intolerable burdens on the peo« 
T^0 In some mitigation of the eTtl» 
Aowever, it was announced that the 
9ales should be divided into consolida- 
ted and non-consolidated | and that 
on the presentation of anj amount, 
one-third should be placed to the for- 
mer class, and the interest on it re- 
gularly paid ; while the remaining two* 
thirds were to be called common vale$f 
and the interest to be paid, or not, as 
the situation of the state and treasury 
■lisrht allow. 

The stagns^ion of commerce was an 
evil stiU more deeply felt by the nation* 
The state of the American colonies 
deprived it of that immense transit, 
which had at least raised Cadiz to a 
coaimercial city of the first order $ and 
the gOTernment, ignorant of any reme- 
dies which were not found in its old 
system of restriction and prohibition, 
oonttnoed daily to aggravate the evil 
by the remedies attempted. At length, 
there was felt an absolute necessity of 
admitting some alleviation of this ab- 
surd system. By a decree of the SOth 
March, which however did not come 
into execution till the 15th July, St 
Ander, Corrunnai Cadiz, and Alicant, 
•were, under certain restrictions, de- 
clared free ports, in which goods 
could be deposited without the pay« 
meot of duty. Although this con- 
cession was very inadequate to the 
existing evil, it aevertheless afforded 
some relief. 

The only activity displayed by the 
Spanish government during this year 
was in fitting out the expedition at 
Cadiz } a Bieasore to which the pridie 
of the monarchy imperiously promptu 
cd, and which was incessantly called 
for by the merchants of Cadiz, as the 
only hope of restoring their ancient 
prosperity. So deficient, however, was 
die Spanish navy, that in order to 

carry its designs into effect, the go- 
vernment had last year been fain to 
purchase a squadron from Russia. 
This fleet set sail from Cronstadt io 
autumn, and after a long delay at Ply-* 
mouth, for the purpose of repairs, ar« 
rived at Cadiz on the 21st February. 
Part of it set sail on the 21st May, 
with 9500. men on board, to be con« 
veyed to Lima. The remainder was 
destined to defend the coasts against 
the increasing strength of the Ameri« 
can corsairs. The Emperor Alexan- 
der made afterwards a present of three 
additional frigates, which arrived in 
the end of October. 

A new model was this year given 
to the Spanish army, the numerical 
strength of which, reduced by various 
circumstances, no longer bore any pro. 
portion to the number of corps into 
which it was divided. It was now 
formed iato forty-nine regiments of 
infantry, two of which were guards^ 
#0venty-two of cavalry, and a corps of 
4000 artillery. The whole was ex« 
pected to compose an effective force 
of 65 or 70,000 men ; besides which, 
the^e were to be forty-three regiments 
of provincial militia, commanded by 
the officers thus thrown out of the re- 
gular army. 

In Germaniff public attention was 
very strongfly turned to the delibera- 
tions of the diet, a body whose place 
io the empire had long been nominal, 
but to which the great powers now 
sought to restore some portion of its 
former weight. The main object of 
this plan was a defensive arrangement, 
which might consolidate the strength 
of this great country against anj 
power attempting to reimpose on it 
the yoke under which it had recently 
groaned. Austria, ae the power oif 
the greatest importance, took the lead, 
and, on the 9th January, presented, 
through its minister, the plan of a 
federal army. The members of the 
diet, however, demanded au iaUrval 

Digitized by 


190 EDINBURGH ANNUAL REGISTER, 1818. [Chap. 11. 

to commaiiicate with their respective 
courts on to important a subject. la 
these references, in the discussion of 
different articles, and of the data on 
which they were to proceed* the deli- 
berations were protracted till the 12th 
October, when the basis of the new 
organization were definitively agreed 
upon between the great powers, and 
presented to the diet by the presi« 
dent. In this project, the popalation 
of the empire was estiaiated» accord- 
ing to the, most recent inquiries, at 
80,094,000 men, of which Austria af- 
forded upwards of nine millions, and 
Prussia somewhat less than eight. 
The federal army was to be one in 
the hundred of the population, af- 
fording thus a numerical strength of 
800,000 men. A reserve of half that 
amount was to be maintained, and to 
be called into service whenever the 
active army should have marched; 
but the reserve of each state was to 
remain within its own territory till 
the enemy should actually have pused 
the frontier. A sixth part of the 
troops was to consist of cavalry, and 
the artillery was to be in the propor- 
tion of two pieces for every thousand 
men* The army was to be divided 
into seven corps, and in time of war 
was to be placed under the command 
of a generalissimo chosen by the diet* 
whose place, in time of peace, was to 
be supplied by a lieutenant-general. 
Immediate steps were taken for put- 
ting the confederation in possession 
of the fortresses, >i^hich were to form 
the grand barrier line against France. 
The principal of these on the Rhine 
were Mentz, Luxemburgh, Landau* 
and Germersheim ; while a general 
depot and place of arms was to be 
established at Ulm. To fulfil these 
objects, a large amount of the French 
war contribution was placed in the 
treasury of the confederation. 

'Hopes were entertained that the 
diet might e&cc something for the 

freedom of the interior trade of Ger- 
many, and for relieving it from those 
heavy duties and prohibitions which 
obstructed the passage of goods from 
one to another of the numerous petty 
states. This pnnciple had even been 
recognized at the congress of Vienna ; 
but when it came to be put into practice^ 
numerous obstacles arose. The princea 
retorted on each other the charge o£ 
mutual prohibitory lawsf and none 
were willing to set the first example 
of a change. The diet, after some 
ineffectual efforts, finally contented 
themsdves with transmitting the ad* 
dresses presented to the parties con- 
cerned, to be regarded by them or 
not, as their inclination might direct. 

Some motions were made in the 
diet respecting the liberty of the press, 
and the establishment of a general 
copy-right law through Germany) 
but they never arrived at any specific 
m-oject upon either of these points* 
The Germans were not even without 
some faint hopes, that the representa- 
tive system, for which they so ardent- 
ly longed, might be generally esta- 
blished under the auspices of the diet. 
The prihces even made solemn pro- 
fessions to that assembly upon this 
subject, which, through it, were trans- 
mitted to the public ; but when spe- 
cified plans came to be agitated, each 
sovereign expressed his determination 
to make a particular communication 
on the subject. He thus reserved 
to himself the power of framing a 
constitution which corresponded best 
with his own views, or of evadine the 
measure altogether, if he should so 

Meantime, a considerable step was 
takeui during this year, towards the 
estabhshm'ent of a representative go- 
vernment. Those states, which had 
obtained a remarkable augmentation 
in consequence of the French Revolu- 
tion and conquests, were generally not 
unwilliag to attach their extended po- 

Digitized by 


CUAF. 110 



pulation by tbe gfant of privfleges, for 
which, in common with the Germans^' 
they to ardently longed* So early as 
1808» liberal views had bete announ- 
ced by the Bavarian government ; but 
these were so foreign to those acted 
upon by Napoleon, and imposed by 
him upon alt lus subject states^ that 
while Bavaria continued his vassal* 
no approach could be made towards 
their hilfilment. When» ho>vever» the 
great Revolution restored this country 
to the rank of an independent state* 
the King began to shew a disposition to 
ameliorate the condition of his subjects. 
In April 1818* he caused the corveeSf 
or statutory labour on the roads, 
commuted for a local tax. These and si- 
milar measures fully prepared the pub- 
lic mind for the promulgatioa of the 
Mw constitution^ which took place on 
the 26th of May» being the 
of the sovereign. The King, by thus 
spontaneously giving a constitution to ' 
lus sabjectSy secured the advantage, 
which the other states of Europe 
have lost and are losing. He did 
it with a good grace, and provided 
it waM not altogether illusory, might 
calculate on the gratitude of his people. 
What was of greater importance, he re- 
udned in his hands the power of dic- 
tating what the constitution should 
he ; he could surround the throne with 
every g^ard which appeared to him 
indispensable. Of these advantages, 
he seems to have availed himself some- 
what too amply ; so that his consti- 
tution bears very unequivocal marks 
of its regal origin. Five-eighths of the 
deputies are elected by the landed 
proprietors ; one-fourth only by the 
towms and cities^ the remaining eighth 
by the clergy. The King is obliged 
to assemble the States only once in 
three years, and the session ought 
not to last beyond two months. The 
budget is voted for six years^ and if, 
by any external and extraordinary 
G^CQiQttaiicesiy the King is preveated 

from assembUag the States, the taxes 
then levying are continued, not till 
the first meeting of the States, but for 
another entire six years ; a most pre- 
posterous arranfi^ment, which puts it 
m the power oi any king, by a little 
management, to render the existing 
taxes pennanent. 

Upon the whole, however, viewing 
the state of tbe public mind in Europe 
and in Germany, we are not much 
afraid, that a popular assembly once 
existing, and supported by public 
opinion, will not insensibly work its 
way to a measure of power sufficient 
to render its operations effective. 

A considerable agitation arose this 
year in the south of Germany, in 
consequence of disputes between Ba« 
varia and Baden. According to a se- 
cret article of the treaty of Paris, the 
former power, in consideration of ter- 
ritories restored to Austria, was to 
receive several of the provinces be« 
longing to Baden. Three years elap- 
sed, however, without any steps being 
taken ii^ consequence of this agree- 
ment. At length, it became generally 
understood and believed, that the time 
was approaching, when a public noti- 
fication would be made on the sub- 
ject. The Grand Duke of Baden 
judged it prudent to elicit an expla* 
nation before the allied powers should 
have finally committed themselves. 
He expressed his astonishment, after 
the sacrifices made by him in the last 
great struggle of Germany, to see 
some of his finest provinces seized by 
his own allies, and by states which 
had declared in the face of the world, 
that they had taken up arms solely 
to overthrow illegitimate power, and 
introduce into Europe a political sys- 
tem, resting on the basis of morality. 
He declared his resolution, if such 
articles were attempted to be execu- 
ted, of repelling, force by force, and 
of appeaUng to the g^eneral opinion of 
the world. The King of Bavaria r^- 

Digitized by 



turned ta evathre amwer, is wliidi» 
however, the existence of the ttipnhi. 
tioDS in question was cleiiiy implied. 
Thepablication of this correspoMleoce 
excited a strong sensation throughont 
Germany* Austria, for whoee be- 
hoof the stipuhtions in question had 
been made, openly sup^rted the cause 
of Bavaria. Public opinion, howeTer» 
declared itself loudly on the other 
side, which was understood also to 
be secretly favoured by Prussia, and 
even by Russia. Baden immediate* 
ly beean placing its army on a vrar 
estad)lishment, and putting its frontier 
in a posture of defence. A war, how- 
ever, in such circumstances, amd on 
such grounds, would have been too 
gross a scandial to be sanctioned by 
the |rreater powers. In answer to a 
requisition from Wirtemberff, Bava» 
ria replied^ that she had no intention 
ef employing force to make good her 
claims against Baden. Thus the mat- 
ter rested. It was generally under^ 
Stood, though not publicly announced 
during the present year, that an ad- 
justment of differences took place at 
the Congress of Aix-la«Chapelle. 
• The people of Baden reaped the 
firuits of this conflict, in which their 
prince was involved. Hoping to for- 
tify himself by the affectione of hie 
•ubjectSy he presented them with a 
constitution, which seems to have been 
cast in a more hberal mould than that 
of Bavaria. The Lower House con- 
sisted entirely of deputies from the 
towns and bailiwicks. The diet was 
to be assemble4 every two years, and 
the taxes voted only for thst period. 
Should any thing prevent their meet- 
ing in time to vote the budget, the 
Grand Duke could continue to levy 
the old taxes for six months only. 

Wirtemberg continued during this 
year, as in the eadof ISIT^ distracted 
by opposite factions, without coming 
to any important crisis. On one side 
were the higher nobles, through whose 

iafloeoce theconttitatkHi of ISM had 
been rejected | on the other were botk 
King and people, who joined in w«b» 
iagt that the iafluence of the feudal 
b^ies should be reduced. The King 
empbyed himself in lightening the 
burden of military service^ and in m* 
^rtnl other reform i but did net, in 
the course of 1818» attenspt to call a 
new assembly of the States^ 

Prussia continued, doting the pf«« 
tent year, repeating her promises of a 
constitution, but vmhoot taking any 
steps towards their fulfilment* Hence^ 
the irritation already subsisting be- 
tween the sovereign and people wai 
continually exasperated. The pio» 
vinceson tne Rhine distinguisfatd tnem*^ 
selves above all by the eagemeaa of 
their deaaand for the exposed pcivi* 
leges. Numerons ^titioas vrete pet- 
sented» which were io general received 
without commentf but one offered 
br the city aad government oi Co« 
blentz, with upwards of 8000 ngtiMm 
turts, drew forth a very sharp n^ly. 
The Kiag» referring to his former pro- 
asise* observes at the same time, that 
no period had been fixed for ita uc** 
complishment, and that he is the sole 
judge of the time in which such a 
change can be most advantageeiisly 
introduced. To remind him of a pco* 
mise which he freely gave» is intwia« 
ting a culpable doubt of his fidetity^ 
and encroaching upoa his right to u 
the time of fulmmeot. Such ill-timed 
representations could have no tendency 
to accelerate the object at which they 
aimed. The duty of his subjects waa 
to trust to his wee promises, and to 
vrait quietljr for the moment which bf 
should judge most expedieot for tbeir 
accomplishment. The King shewed 
also his eager desire to suppress these 
representations, by writing a letter of 
thanks to the commune of Katsem* 
port, which had refused to sign one 
of theai. 

Meaatiinet the commissioii afpeioU 

Digitized by 





ltd* u> fiorai a cdaitHittioii contkued to 
dtt riKMigh BO vifible frdt arose from 
their b^ara^ Report describes them 
ip eetas^led » the local difficulties 
wkh which the project wae encumber- 
ed ; 4be adjastmeat of the claims of 
abediffejxntraaks of the natioot .and 
the 'varttt^ of differeatlj coostitoted 
atttcs of which Prossia was coursed, 
j^asdy, it was said to be desirable, 
preriotts to this great change, to bring 
lU finaaces tfsto a regular shape. These 
were in the embarrassed state comman 
to all the great powers, after so costly 
» ttniggle. . IxNndon formed the com- 
aioo centre, to w^ich all the powers 
looked for pecuoiary accommodation. 
Throoffh the house of Rothschild, a 
loan el three millions sterling was 
e&cted* security for which was giTen 
upon the royal domains, and which 
fm$ |o be replaced in thirtv-six years. 
Austria, which neither neld out to 
her people any promises of a new con- 
stittttioa, nor was harrassed by any 
demands for it, felt no embarrassment, 
aioksa from the burdened state of her 
fioancea. In her extremities, she had 
^^one deep into these iniquitous and 
aD|ttrious measures, to which sove* 
jreigna oo such occasions are tempt- 
ed» and whicb had been home by the 
people witb surprising patience. The 
interest paid on the debt had been re^ 
.doced from 5 to 2^ per cent ; and a 
goverofiient paper issued to the amount 
i>f 55 millions, baing inconvertible in- 
to specie, had fallen to 30 per cent of 
its original value. Government, how- 
jever, had done something to remedy 
ithese evils. It had noade provision 
lor the gradual taking up ot the de- 
.preciated paper currency ; and a sink- 
JBg fund of half a million had been 
•foraaed, the uninterrupted operation 
^f whidh, during fifty years, would, 
it was expected, clear off the whole 
.of the natiooal debt. During the 
.present year, the commission api^oint- 
pi for the £dbricatioa of paper mo» 


ney was entirety suppressed; a. step 
which bad every tendency to raise 
the public confidence. The govern- 
ment, in order to relieve its imme- 
diate difficulties, succeeded in ob- 
taining from the house of Hope and 
Baring a loan of tluxe millions at 7 
per cent, a rate which, under all cir* 
cumstances, was considered very fa- 

The Emperor of Austria, however 
little favourable to representative con- 
stitutions, yet souent to conciliate 
his new and unwilling subjects, by 
calling together the States of Gallicia 
and Lodomiria. The assembly was 
formed entirely upon the old system, 
which in Poland is more decidedly 
aristocratical than in any other coun- 
try. This body ventured a pretty 
strong representation on the enormoid 
amount of the taxes, but in other re- 
spects were lavish in their professions 
of loyalty. 

The States of Saxony*and of £lec« 
toral Hesse were also assembled du- 
ring the present year ; but their com- 
position bein^ entirely feudal, the no- 
bles possessed an in disputed prepon- 
derance. Their influence tended ra- 
ther to obstruct than to promote mea- 
sures for the improvement of the body 
of the people, to which the sovereigns 
would gladly have consented. The 
Elector of Hesse having even suggest- 
ed the admission of a few deputies 
from the peasantry, the States reject- 
ed the proposal, declaring that the 
nobility alone ought to have any share 
in the national representation. Al- 
ready, in 1816, the little state of 
Saxe Weimar had received from its 
- sovereign a very liberal constitution ; 
,and notwithstanding its small extent, 
the freedom of discussion allowed, and 
the number of eminent men produced 
in it, rendered Weimar a sort of lite- 
rary metropolis of the north of Ger- 
many. A session of its States was 
held this year, which was only dia- 


Digitized by 



tinguished bv somewtiat violent con- 
tests respecting the indemnities to be 
granted to the nobility for the aboli- 
tion of those immunities^ in point of 
taxation^ which they had hitherto en- 

The session of the States of the king- 
dom of the Netherlands,assemb]ed in the 
preijeding year, was continued through 
tjieearlier part of the present. TheKing, 
having been unable to procure in time 
their consent to the budget of 1818, 
issued a proclamation continuing the 
^axes of 1816, till their place was sup- 
plied by a new law; a stretch of power 
which seema to ui somewhat strange, 
but to which no objections were made. 
On the 6th February 1818, the States 

fave their consent to the new law. 
y which the- expences were stated 
at 7A00,O0OL sterling ; the receipts 
at 6,750,OO0A, leaving a deficit, of 
650,000^. to be made up either by 
loan»*or by sale'bf the national domains. 
The King then procured the consent of 
the States' to a very severe law, desti- 
ned to repress the violent attacks mad6 
in writing against the allied powers, 
and particularly France, which had 
called forth vehement remonstrances. 
A fine of 30^. to 50£ was imposed up- 
on all concerned in the publication of 
{irticles personally oflFensive to any 
foreign power or sovereign, calling in 
doubt the legitimacy of their dvnasty, 
and of their government, tending to 
trouble the tranquillity of their states, 
%o excite to disobedience and revolt. 
In the budget for 1819, a saving of 
180,000/. was effected by military re- 
ductions, and the revenue was brought 
jiearly to the level of the expenditure. 
In the discussion, complaints were 
made, that the expence of collecting 
the revenue, which, in England, is on- 
ly 5 per cent, amounted with them in 
aome instances, to 40 and 50 per cent. 
The budget was, however, carried. 
Vcrv great difficulties were felt in 
amaigkniating the two portion! of 

which the Kingdom of tlltf N^h^ 
lands was composed, differing tfntifely 
aB they did ; one agricultural and tin- 
ifufacturing, the other commeidalf 
one Catholic, the other Protestant f 
one attached to France, the other hos- 
tile to it. It was estimate that the 
number of Catholics was 4;lCl6^000( 
of Prote8tant8,only 1,800,000; yet the 
provision for the former was lB(iflOOl.i 
for the latter 130,<XXV. The very dif- 
ference of language was a ground of 
controversy ; and it was necessary to 
admit the use of both in the debates of 
the States-General. The govemmtot 
made considerable exertiOo# to concilia 
ate its new subjecU, by founding agii- 
cultural societies, and other useful es- 
tablishments, and by sending eolooiei 
to clear uncultivated landa. These 
measures, however, were not sufficit^ 
to allay the irritation which pretalM 
in men's minds. 

Poland presented this year a soAe^ 
what striking spectacle, — the forms of 
a free government granted by the most 
despotic of the European powers. Tht 
Emperor Alexander had always som* 
liberal ideas floating in his mind, which, 
imperfect as they have proved, did some 
credit to one nursed tA the heart of such 
a lawless despotism. In his conduct to^ 
wards Poland, he has shewn a sense of 
the wrongs inflicted by his ancestors, 
and some wish to repair tbem. He even 
caused the ashes of her hero Kosciusko, 
to be transported into Poland, and in- 
terred in the citadel of Cracow. He 
now erected Poland into a kingdom, 
and bestowed on it the form of a i 
sentative constitution* This kinfi 
of Poland, however, was ytrj din 
from that which, under Sigismbnd and 
Sobieski, gave law to the tfast of Eu- 
rope. Russia threw into it none of tbb 
extensive territory severed by thetuc"- 
cessive partitions. The poridons tai'- 
ried off by Austria and Prussia^ reinairi- 
edequallydetached. Itcoiisisted, there- 
fbre,ldiiiOit soldjof the ducht of Wtt** 

Digitized by 





%l ikfe mi^Ml ?oli|iid, How/^v^Cy it 
MMtiiad ft^ % nMnc aod tW of the! 
lipnner kiogdonu The Wio^raj Zay.. 
QQjMok uraif aiiu^^A Fofe, had h^n dk 
4;pmjH|iMoii in^ «ihb» of Kosciu&ko» aad, 
ImkI eijcn iog^ht uo^er Buooaparte. 
The DAtipivd f eprf tf ntatioa i8» w« b^-, 
lic«e,iB4€ip^a4oot of thecrowo.thougb 
oatoQiuri«t9oratii(a£ootiog. Thedepu* 
1160 of the »obU» amount to 779 those 
of the coQu^oj^lt jr to^ 51 • The positioQ 
%Qn» doiNI by their side., of a Rusaiao 
army 9f 4Q»Q0Q meo^cpuld not be very 
fiwouraUe |o the fre^Mn of delibera* 
ikm. The E^^peror^ved at Warsaw: 
m tke iSiii March, aod oa the 27tli 
opened t4ie 4iet ifi persop. In his open* 
i«f apeech) he iadirectly alluded to the 
iMttiJe atxiMid^ ia wfaiph Pqlai;^ had 
phpnd beryelf i^gwft Kfissia. He de.^ 
th^n^ that aU this if now sunk in sin* 
^ere aQ4 Q<ynple(e oblivion. He te^a 
thcot* bosrever, that their destiny is in- 
diispliibly miiM^ with that of Russia i 
and that their utmost cere must be di« 
MCted to extend this salutary union. 
He the8 pointed at the blessings ari- 
nag from those liberal iastitiitione 
H wbkb haee not eea^ to be the ob« 
ject oi my solicitude^ and of which I 
hopet with the blessing of God» to e3(- 
teod the salutary influence over all the 
poQotries entrutted hj Providence to 
lay care. Piove," said be» M to your cor 
temporaries* that those lib^til institu-^ 
tioosy theeversaeredprii^ciplesof which 
aie by aeoae confounded with thosesub- 
versive doctrines, which, in our days* 
fanre menaosd the social system with a 
frightfiDl catastrophe, are not a danger- 
Alts phantom : but that, brought into 
geauioe actioQ» and directed with pUr 
tity of intention towards objfcts useful 
io humaoity, they are perfectly con* 
l i rtent mth order, and produce, by 
common agreement, the true prosper. 
Jtyof natiboi.'- 

Whea she Empenor had eondudedt 
Comft MottiMHski# mibiiMHr of the ior 

tiyrioi;, tifllmiitted Xfi the asfemUx a 

WW; qf the tia^^ of %^f ^}PS^!!f\ 
The populatipo, which,^ m IBlO^ a-' 
mounted to 8,300,000, had, l;>y tKe 
calamities of war, been reduced to 
about 2,600,000. Within the two last 
yeair^ it had greatly revived, in cdnse- 
quence of the security of persofi and 
property, the privileges and exemp- 
tions granted to the industrious, and 
the numerous foreign cotonists wlio 
liad been induced to fix their abode 
in the l^ingdom. The minister then 
stated the arrangen^ents made in regard 
to the chiirc^i, by which special im* 
munities had been granted to the Ca- 
tholic clergy, without encroaching on 
the rights or r^itenups of the pther 
s^cts. Public instruction had also beea 
Btovided for by the opening of the li-* 
brary, and of various museums, whi^e 
great attention ha4 been paid to bring 
the elemenu of popular instruction to 
the level of all d^s^es. At Warsaw » 
and ^t Lublin, scbools on t^e t*^ncas-. 
trian syatem had been established 
which would \^ rapidly e^^tendecl ii| 
the following years. The budgcj^ 
which forms usus^lly the leading pbjec^T 
of deliberation in a representative as-* 
sembly, was not evep brought on tbecijr* 
pet, though it was announced, thst, ac« 
cording to every probability, it woilld 
be laid before the diet the next aessipn. 
Russia published this year a 9tate^ 
meat of her finances, wbiph were ia 
the same disordered state as those of 
$he otl^r great powers. Her reguUp 
debt amounted to about 100,ppQ,QCb 
of roubles, borrowed in Holland, a^^ 
of a paper called Bank assigqats, a- 
mounting to the immense sum ^f 
214,000,000 of roubles. The grafid 
object was tp reduce tf^is last emount» 
which presfed most heavily on the pep* 
pie, and to convert it by Ipai^s ipto a 
regular ^ebt. A lo^p, alreaidy pp^p^d 
on the SOth July 1317, had pf^m^ 
the gpyemm^ nt to t^ke up ^0,OpO,QQ9 

Digitized by 


196 EDINBURGH ANNUAL REGISTER, 1818. [Chap. 11. 

sure induced the ministry to open a 
new loan, to which every person who 
l;>rought 85 roubles should have in- 
scribed in the great book 100 roubles 
at 6 per cent. So satisfactory were 
tbese terms consideredi that before the 
end of the year, government were en- 
abled to take up 65,000,000 of assig- 
riats, which were immediately burned. 

In Sweden, this year was distin- 
guished by the death of Charles Xllf. 
tne nominal kin?, and the succession of 
Bemadotte to the entire sovereignty, 
under the title of Charles XIV. Con- 
siderable apprehensions were entertain- 
ed, that this event might give rise to 
tome commotion, and that an attempt 
might be made to restore the legitimate 
dynasty. The event, however, took 
place without any commotion. As soon 
as the monarch had rendered his last 
breath, Bemadotte caused himself to 
be acknowledged as King, and took 
before the Council of State an oath 
to observe the constitution. He con- 
finued till late at nieht receiving the 
oaths of the Council, of the Generals, 
6f the officers of the Court, and of the 
principal authorities, civil and military. 
Next day, he issued a proclamation to 
the people ; and on the day aft^r, went 
to the Diet, when he renewed his oath, 
and received that of the States. The 
Emperor of Russia, who, alone of any 
foreign power, might have been sus- 
pected of some partiality to the old 
dynasty, was no sooner apprised of the 
hew King's succession, than he wrote a 
letter, expressing in the v^armest terms 
his regard and goqd wishes. 

On the 5th August, the King set 
out for Christiana, to be crowned sove- 
reign of Norway. This country had 
reaped some advantages by its unjust 
transference from the Danish to the 
Swedish dominion. The King had 
given them a free constitution, and had 
restored the Storthing, or ancient re- 

tresentative assembly. This measure, 
owever, had not given uoiversil satis- 

faction. The peasantry cofflpbfaiedl, 
that the citizens and mercantile cklset 

possessed the sole sway in this \ 
bly, and ordered all things for their 
own particular interest. 1 he bad har- 
vest, and the stagnation of agricultwe, 
inflamed their discontents. Assemblisg 
to the number of about 1200, they 
marched tumultuously into Christiaaa, 
to demand that the King should dis- 
solve the Storthing, and govern in an 
absolute manner,a8 the Kmgs of Den- 
mark had done. A small armed force 
was sufficient to disperse them, and to 
make prisoners of the ringleaders, who 
were detained for several months. The 
harmony, meantime, between the King 
and the Storthing was far from com- 
plete. His great object in every men- 
sure, was to render entire the union 
between the two countries ; theirs, to 
preserve the separation. They nega- 
tived even, by a majoritr of 67 to 5, 
the proposition of sendmfir a deputa- 
tion to welcome him on his entrance 
into the country. 

Proceeding to the farthest extremi- 
ties of Europe, and of the dvilised 
world, we come to the Turkish em- 
pire. Its history, during this year, was 
chiefly distinguished, by the progress 
of the war agrainst the Wahabis, a da- 
ring and fanatical race, who had seised 
the holy cities of Mecca and Medinay 
laid waste the eastern frontier of Syria, 
and even threatened Damascus. Ibra- 
him, however, son of the Pacha of 
Egypt, pushed the war with such vi- 
gour, that Ibn Saoud, tl^eir chief, was 
compelled to throw himself, with the 
main body of his troops, into Deraieh, 
his capital, situated in the heart oJF 
Arabia. It made a long and obstinate 
resistance, till at length, on the 7th 
October, a general assault took place, 
when Deraieh was taken by storm. 
Twenty thousand Wahabis are said 
to have perished; the chief himself, 
with his family and his treasures, fell 
into the hands of the victora. He was 

Digitized by 


Ouw. 11.3 



conducted to Cairo, where the victory 
WIS celebrated, writh boundless rejoi* 
ckigt. The <:aptivc chief was then dis- 
ptttched to ConstantiDopIey where, af- 
ter beiDg led in triumph through a 
nmnber of the streets, he was put to 

Revolts toolc plaure also this year in 
theprovincesof 'X'rebisoDd and Merdin, 
on the eastern frontier ; but their sup- 
pression vras soon announced by the 
aesds'of the rin^lesders, suspended in 
numbers from the gates of the 

these prosperous events were 

taking phice abroad, Constantinople 
itself was the theatre of serious disturb* 
ascet. These took their origin from 
the Sultan making the attempt, so of- 
ten sbortiTe and ratal to its authors, of 
pbdng the military and political sys- 
tems on a footings with those of other 
Eoropean po^rers. The Janitaries 
ipeie particularly dissatisfied with the 
sttempts to aubject them to regular 
Asdpune. ^Wl^never the people of 

Constantinople are dissatisfied, they 
shew it bv setting the city on fire* 
This prout was given during the pre- 
sent summer, so violently and repeat- 
edly, that Constantinople was in dan- 
ger of being reduced to ashes. On 
one of these occasions, Prince Ypsilan- 
ti's mother, three of his wives, and se- 
veral of hjs children, perished in the 
flames. At the greatest of these con- 
flagrations, which took place on the 
l3th August, the Sultan having, a^ 
cording to ancient usage, hastened to 
the spot, was assailed with such sedi- 
tious cries, that he judged it necessary 
to return. The conduct of the govern- 
ment, however, was firm and moderate. 
The only concession was the dismissal 
of the Captain Pacha, and the sending 
out of the city all the elephants, whom 
popular superstition supposed to be 
animals of evil omen. Several persons, 
suspected of havine instigated these 
disturbances, were banished, and one 
put to death. Thus, tranquillity was 
at length restored. 

Digitized by 




tfpmitg of the Ci^HwaigH of l^l^ b^ Gtnerd BMMr.^Difi»i tmd RMhH 
df Moriilo.^^BaHU SfSicmbttro. — CttpSute ^fSan Fetnamh de JfyAH.^ 
\Defeai of BoKmr.'-^BatHe of OHez.^Boliv(tr nearly taken.^BMss M 
-"April and in May, — The RoyaUtts .^ktoridUs.^^^Raifiy S^m^n.^i^'Pn^pard- 
iuMs of boih 'Parties.-^m^id'F^ce of the Pairi<^s.—8fdie ofjmitt m 
'Buenos Aurei^In CMi.^Pdiri&ls Be/haied^t Talca;—D^tMdejbmUfe^ 
1fitaipo,—'Eoya§iaspeJ^e(t.^SiaiettfBfttxi^ SMn:^ 

^ITir inFloHda.'-^xtia'iidHg ^f/lrbkimot iami^fwMaie.^R^ectidni4fH 
^iHti Trdnsadtion. 

'DiAiikotlfey^irlrilS, t!llc war in 
'Sc^h Aitittidz dob ^not "spp^air t6 
W<'c'tnade'«iy^pcrce^tiblc^i'Ogf^88 tt> 
its termination. The itmM^s -and 
discipline of the royalist troops gave 
them» DO doubt» in the field, many ^d- 
Tantagea over the brave but disorder* 
ly levies to which they were opposed. 
But these advantages were counter- 
balanced by other circumstances,— 
by the ardent seal of the patriotic 
troops, and their devotion to their 
chiefs,— -by their rapid movements al* 
ao, — and by the ease and celerity with 
which they always continued to re« 
emit their wasted force, and to re-ap« 
pear in the field, even after a defeat, in 
greater strength than before. Hence 
Sie lingering and indecisive character 
of this destructive war, which victory 
and defeat seems alike to protract. At 
the conclusion of the year 1817, the 
successes of the independent chiefs had 
enabled them to occupy the open coun- 
try; and the rojalist troops were in 
eonsequence chiefly confin^ to the 
coast towas. From these, however, 
they were unable to expd them ; while. 

on tife tnW hand/ the rdyaKtt'titM^i 
'^^te etjutlly unable tb dHteTromtne 
bpto tdii>htfy, tn'a^great de^ite iHM 
*and unsettled, and not easily aoeenftf^, 
the bold and desultory bands by which 
it was maintained. Of the loose and 
irregular warfare which marked the 
commencement of operations, we are 
but imperfectly informed ; nor would 
it indeed be interesting, even if we pos- 
sessed the materials for such a usk, to 
enter into a detail of all the numerons 
skirmishes,and unconnected ad ventures, 
which took place in the course of this 
desultory contest. We prefer, if pos- 
sible, to give a general sketch of such 
events as appear to have produced de- 
cisive results ; although we must fairly 
confess, that after all our research and 
inquiry, we are not so well provided as 
we could wish with the necessary in- 

The campaign, which appears to 
have been uncommonly active, opened 
in December, when General Zazsra, 
as already mentioned, was defeated hj 
the royalists, near Calaboso. The 
number of shdn in this battle amount* 

Digitized by 





tAf .09 \uith indcf, to 5Q0 men. On 
tbc qame^ajy 400 patriot horse met 
and dkuejatea an equal number of royal- 
ist cafalry, near the river Apure, of 
ivrbom SOO are said to have been iilU 
^d. These parti?d encouqters were 
but the prehide to more serious com- 
bats. About the end of December^ 
l^oUver resolved to concentrate his 
iroops» for the purpose of bringing on 
a general action. On the 3d January, 
pc accordinglj began his march from 
JingoBtunt where his head- quarters 
were established, with 2500 infantry, 
jMid 2000 horse. Hisplan, from which 
he expected the entire destruction of 
the Spanish army, was to effect a junc- 
tCoQ with Paez, who was posted on the 
^pure with 2000 horse and 800 foot, 
ana to attack the royalists on the 
jdain* i^ they dared to await his ap- 
proach, or, if they 6ed^ to confine them 
lor the remainder of the campaign 
within the maritime towns, which were 
JJockaded by the independent fleet un- 
der Admiral Brion. Bolivar experien- 
ced no opposition to his movement 
JSe. effected his junction with Cedeno 
on the l7th January, and with Paez 
00 the 3d February, at S. Juan de 
Payura. He crossed the Apure on 
6th February ; and, after a march of 
300 leagues in 42 days, he reached Ca- 
labozo, a town 120 miles south of the 
city of Caraccas, as formerly mention* 
edf where Morillo, having retreated 
l>iefore this concentrated force, had 
established his head-quarters. On the 
12th, the town and torts were invest- 
jed by the Venezuelan army ; and Mo- 
jiUo, 10 order to deliver hiniself from a 
iiiege, advanced a body of cavalry, in 
<ofder to turn the left flank of the pa- 
triots. This movement was checked 
by the rapid advance of Bolivar's 
liorae, by which the right wing of 
Morillo was completely overthrown, 
and the whole force of the royalists at 
jength^t to the ro\3}. Morillo nar- 
J^jfjff escaped^ almost alon^ being pur« 

sued by th/e lancers, who killed two of 
his hussars by his side. Being now 
compelled to shut himself up in Cala- 
bozo, B6livar immediately took mea- 
sures for blockading him, on which he 
quitted the place, pursued by the pa- 
triots. This retreat was disastrous to 
the Spaniards. They were repeatedly 
attacked by the republican cavalry | 
and many also died through fatigue; 
Al Sombrero the royalists wer6 over- 
taken by Bolivar's force, when a des- 
derate conflict took place on the 16th 
and 17th February. About 1000 men 
fell in this actiori, in which both pat- 
ties claimed the victory. It is certain, 
however, that the royahsts retreated 
the following day; trona which We 
may infer, that they were worsted in 
the action. After this affair, it would 
appear that Bolivar had advanced; and 
on the lOth March a division of his 
force occupied the valley of Aragua, 
and pushed its advanced posttf as far as 
Valencia, about 12 leagues from Porto 

These successes of Bolivar occasion- 
ed a general alarm among al! the rich 
merchants and landed proprietors of 
the maritime towns ; and they expect- 
ed nothing else than the entire and ra« 
pid subjugation of the country by the 
republican arms. But ' the victorious 
army of Bolivar, exhausted by its suc- 
cesses, was in no condition to attempt 
the siege of the towns to which the 
royalists retreated} and the general, 
therefore, havine detached part 6f his 
force to secure liis rear, gave orders 
for commencing the siege San Pe'r- 
nando de Apure, a strongly fortifled 
island in the Orinoco. This position, 
besides being essential to the safety of 
Angostura, commands the narigation 
of the Orinoco/ and facilitates the 
communications with New Grenada, 
which, it was evident, mi^ht be of the 
greatest importance to the success of 
tne independent cause. It was de- 
fended by ^OO Spanish troops, who 

Digitized by 



were 90 vigoroualy attacked, that they 
were compelled to evacuate the place 
on the 6th March^ pursued by the pa- 

Morillo having received reinforce- 
mentB as he approached Valencia, while 
Bolivar was weakened by his advance, 
was now anxious to bring matters to 
the issue of a battle. He accordingly 
made an unexpected march from Va- 
lencia on the ISth March, and sur- 
prised Bolivar's corps^ which had ad- 
vanced to Cabrera, within five or six 
leagues of Caraccas, and which con* 
sistcd of 1200 horse, and from 400 to 
500 infantry* The patriots were here 
defeated, with the loss of 200 killed, 
and many wounded, 20 loads of bag- 
gage, and a great quantity of warlike 
stores. A more serious encounter took 
place on the 16th and 17th March, in 
which the patriot troops were totally 
defeated. The action commenced on 
the aide of Bolivar, who made an at- 
tack with his whole force on Monllo's 
position. In this attack he was finally 
repulsed, with the loss of SOO killed, 
and 900 wounded. Nine hundred pri- 
soaers were also taken, besides 1600 
muskets, and 3000 horses and mules. 
In this action General Morillo was 
wounded in the thigh with a lance, 
and was in consequence succeeded in 
the command by La Torre. In the dis- 
patch of Morillo, giving an account of 
this battle, he states his own loss at 
five killed and three wounded. 

The patriot generals appear, as usu- 
al, to have very soon recovered from 
the effects of their defeat. The junc- 
tion of Generals Paez and Cedeno with 
the corps of Bolivar, which took place 
about tnis period, ^ave a more favour- 
able aspect to their afiairs. General 
paez was strengthened by a reinforce- 
ment of English volunteers ; and the 
whole army was reviewed by Bolivar 
on the 20th March, at Calabozo, 
whence Paez and Cedeno marched, to 
attack -the Spanish general> who was 

encamped on the hei^^hts at Ortiz. 
This position was assailed with great 
intrepidity by the patriot army, and 
carried, after an obstinate conflict, 
which lasted from eleven o'clock in the 
morning till night ; and in which the 
assailants lost from 500 to 600 men* 
The royalists retreated on Villa de 
Cura, and afterwards on Calabozo, 
which they occupied towards the end 
of March. 

The two armies appear to have been 
exhausted by these continued and san- 
guinary contests; and we have accord- 
ingly no Account of any other battle 
until the middle of ApriL In the 
meantime, an adventure happened to 
General Bolivar, through the treachery 
of one of his officers, which had nemr^ 
Iv deprived the independent cause of 
tKe benefit of his great and active ta- 
lents* He had lain down to rest, with 
a few attendanU, within half a league 
of San Josef de Tisnados, when the 
Spanish Colonel Lopez, being appri- 
zed of the place of his retreat, penetra- 
.ted, with a dozen of horsemen, for the 
purpose of making him prisoner while 
asleep. Awakened by the noise of 
the soldiers, he lost no time in makine 
his escape, with those who were with 
him. la their retreat they were fired 
upon by the Spanish troops, and were 
all either killed or wounded, with the 
exception of the chief, who succeeded 
with difficulty in reaching a place of 

Bolivar had scarcely joined his corps, 
when he was attacked on the 17th 
April by General Pla, about a league 
from San Josef de Tisnados, where he 
was stationed with 700 cavalry, and 
350 infantry. He was, according t6 
the account of the royalists, totally 
routed, and with difficulty made his 
escape. Having succeeded in collect- 
ing his whole lorce, he appeared at 
day-light at the head of his troops, to 
diifpute the field with his victtfious ad- 
versary. The tfro armies being ^witU- 

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CflAF. 12.] 



in gon-shot, a bloody action imme- 
diately took place, in which the pa« 
triots gaye vay, and were pursued in 
CTCry direction, with great low, 400 
beinfir kiSed in the battle, including M- 
▼eraf officers of rank, and J 50 made 
prisoners. They lost, besides, all their 
stores of ammnnition, 400 lances, and 
two stands of colours. The royalists 
stated, that their own loss in this ac- 
tion did not exceed 40 men. Seferal 
Britisb officers were present in this bat- 
tle, and it is mentioned, on their an- 
thority, in Hippesley's Narrative of 
bis Expedition to the Orinoco, that the 
royalists were inferior to the patriots 
in numbers, but superior to them in 
discipline and skill i that owing to the 
General-in-chief Boli? ar, who had so 
confused his line, the infantry were 
beaten, and nearly destroyed, before 
be could collect himself ; and that it 
was owing to one or two desperate 
charges of the cavalry, under General 
Paez, that the army was rescued from 
utter destruction. 

It does not appear, that this vic- 
tory of the royalists contributed in any 
material degree, to the discouragement 
of the patriots. Their forces were 
again assembled about the end of April, 
and by order of the generaUin-chief, 
the division of General Paez directed 
its march on Villa del Pao, in order to 
dislodge a large body of the enemy, 
under the command of the Spanish 
Brigadier Real. On the approachrof 
the patriots, Real abandoned Pao, and 
withdrew towards Valencia, on which 
the division of General Paez advan- 
cing, succeeded in gaining possession 
of the town of San Carios, after de- 
feating the enemy, who attempted to 
oppose him. In order to check the 
progress of the force under Paez, La 
Torre collected all the garrisons of the 
different places, and even the militia of 
the city of Caraccas. With this con- 
centrated force, be advanced into the 
plains ofCogede^ where the patribu 

were drawn up in order of battle. The 
infantry of the royalists was arranged 
in columns, flanked by two squadrons 
of cavalry. The patnots charged the 
cavalry with great intrepidity, and not- 
withstanding the firmness with which 
the attack was sustained, they were at 
last broken, and at the same time the 
in^try was thrown into disorder, and 
put to flight. In this general rout, 
the royaliiOs lost itKX) men in killed 
and in prisoners, besides great quanti- 
ties of arms, ammunition, and warlike 
stores. The loss of the patriots, ac- 
cording to the statements in their of- 
ficial bulletins, was not considerable ; 
but was sensibly felt, as it prevented 
their intended advance on Valencia. 
From this circumstance, we may infer 
that their loss was severe, and that 
though they no doubt gained the vic- 
tory, it produced, like many other vic- 
tones, more glory than any solid or 
permanent advantage. It does not 
seem to have efiected any change ki 
the positions of the hostile armies, the 
independent force, after the baule, oc- 
cupying San Fei^ando de Apure,Ca- 
labozo, and San Carlos | while tlie 
royalists were stationed at Sombrero^ 
Valencia, and Caraccas. On the 11th 
May, another severe action took place, 
about 10 leagues from the town of 
San Carlos, in which the roy^dists, witb 
a severe loss, gained the victory. The 
Spanish General La Torre, 20 officers, 
and 400 men, fell in the conflict, while 
General Paez, out of 2000 men which 
he brought into the field, lost about 
1000. After this action^ the rovalist 
General Morillo advanced to Calabo- 
zo. On the ^th May, another battle 
took place, in which the royalists were 
victorious. The last act of hostility 
which, during the campaign, was an 
attack made by the patriot General 
Bermuda on the city of Cumana, in 
which he was defeated with the loss of 
200 men. 
After this period, a cessation of hot- 

Digitized by 



tflittet neceasarily took phce-betveoa 

the hoftile annies» owing to the in* 

creamg hett of the cliffiate» and the 

penodical rami. The campaign tsr* 

minated unfaTonrably for the patriofcfy 

though it produced no terioua or lad- 
ing injory to their affairs* They ajp- 

pear to have acted throtighoot on the 

offensiTey their object being to expel 

the royalists from the possession of the 

coast towns, where they still maintain- 
-cd themselves in considerable force. 

In this they flailed, betog defeated in 

the last actions of the campaign, and 

forced to retreat to their former posi- 
.tions before their enemies, who ap- 
pear, however, to have attempted no- 
. thing offensive ; bat to have remained 

satisfied with the succestfnl defence of 

their own positions* 

The interval of rest afforded by the 
-advance of the season, was improvfld 

by both parties in collectiog leinforoe- 
.ments ot troops, and all the.necei- 
laary munitions of war. Each boasted 

greatly of the advantages which had 
-been obtained in the late campaign, 

and of the number ofenenieswhohad 

been taken or destroved. But the 
r truth is, that in the late. sanguinary 
i actions, the royalists aad patriots were 
r equally ruined in infantry, and were 

both under the necessity of a short 
^breathing interval, to recruit their ex* 

hausted strength. For this purpose, the 
.aeason of inaction was duly improved 

by both s but more especially by the 
'iadependent chiefs. They displayed 
-the greatest activity in ooUecting naili- 

* tary stores^ «and in drawing together 
-recruits from the various distrias. in 
' the plains f from England, also^ a rem* 
t forcemeat of auxiliary troops and offi* 

cers were landed, ano General Gre^or 
t McGregor ascended the Orinoco, with 

* another body of English voluntecnf and 
with supplies of nuisket8,ammttBitson, 

* besidesalargeqnantityofmilitary stores 
and ck>thing, both for horseiaiMl£oQ.t. 

-Bdtiar hanng. employed the. .whole 


new lovies, held on the 1st October fi 

.copncil of Angostura, in which, 

afler giviog a brilhiot sketch of tl^ 

resources an^ j^rospects of the repul^ 

lie, he ipformed thepit^i^t he wasju^ 

about to set out for the army, ^ud h^ 

named the gei^eral of division Urdaq- 

eta, the Director-general Don Roscio, 

and the inteQ4af)t Penalvez, as atajte 

, councillors, .to ^jte the general dire<;- 

tion of affairs in his f^^seace. It was 

iriso.^e^ided, that a^neral assemb^r 

.oJT dnputies.from the Venezuelan prq- 

vinees .should be convoked on the ,Iat 

January 18l9j for the purpose of set* 

tiling, natters, ^nd fixii^ tjiegoven^ 

im^at on .some durabltXasis. Theif 

I resolutions being all i^reed to» tl^ 

gtaeral took his departure in order tip 

commence the campaign*. MoriUo, 

:with^bput;9 or 10,000 men, of whi^i 

•two^thirds conii^ttd of Creole militii^ 

.occupied Calaboao, Varinas, and Sai^* 

.ta.Fe« The independent force, amount* 

ing to from 12 to 14,000, occupied thp 

.wScde champaign country, and wasdis- 

tribAited in several distinct corps on the 

.Onnocoy frpm Guiatpa to San t'ernan- 

do -d'Apure. An account of the ope- 

.ratioqs whi^h followed, will be given 

,in a subsequent volume* 

The niival force, which the indepeni)- 
<eDt govemmc^nt had established in the 
,^ear 1317, under. Admiral Brion, was 
jn the year 1818 still farther increased 
and improved; and whatever might 
be ^ to the issue jof the opera- 
.tipns on shore, tb^re could be no ques- 
tio^;as 1^ the oaaritifne auperiority of 
.'the patriotic fleets* Not only was the 
.sea covered by their privateers, which 
. preyed upon the Spanish trade from 
the Gulf of Mexico >^o the coasts pf 
. Old Spain, and the islands in the J&ast 
Indies, and made ma^y rich captures^ 
.buttbe whole. province of Caraccas» 
irom Porto Ctbello to Quo^iana, was 
.held ufld^r block^tdq by the squadron 
iOf Briooy jcoQti^^i^g. ot from ^36 to 40 

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900 tnm. At St Bartholemi, be had 
in «ngamifetot with the Spannh fleets 
iQ'whkh be ^oxM b^e ooiii]^teIf 
itattoyed it, if hiii cfertu had beea 
prop<frl]r teconded by Cocnmodoi^ 
Adrjr. Bttt thb %faie^ froin what 
ttineis not ^fficitmly txptaincd, de- 
tached hfmtelf from the Venezuelan 
•feree, and baring made himself master 
^ tbeMand ef Provideoce, he con* 
^0sntd it im^ a resort for privateers^ 
mid « naval depot for an armament, 
^Mdk ffHib destined, when the proper 
Dpptfrtuttity arrived, to aid an msar- 
fvction in the kingdom of New Gra- 
vadku Brion, however, pursued his, 
Wceessy >and hndcd in the Orinoco a 
toirfoy,:^onsiBting of 10,000 muskets, 
m-gfcat^Qantkyof clothing, miHtary 
equipments and stores, and also artiU 
iety, vf which the insurgents were 
greatly in 'want. On the 24th Au* 
^gntt, after a briUiant naval action with 
^e Spsnish fleet, be svrpHsed the town 
^ Gttim, which the royaiiits had dis- 
fttaikstled the year before, but which 
ivaa ' «f : great importance to tftie ' pa- 
triots, as lit tffave them a 'seatportt 
throogb v»hich ihtf could at once, 
•wkhoot odiflScttity, receive the retn- 
•fercements of* troops which they ex* 
.tiececd from ^ England, The capture 
>if cfais: phu:e terminated the oampaiga* 
in^ihienos Ayres,'the triumph of 
iAie iddepesdent cause had been for 
>several?years signal and complete; and 
though the government ^as at times 
in an nnsetth^ state, from the contests 
ibf rival diiefs for the supreme power, 
-ytt there '1*ras no want of activity in 
-ptoviding for the public security, or 
•in? toa is t i ng those pravinces which were 
••^"^ endeavouring to throw off the 
r^j^ke of the'mot&r country. It was 
nswing^ tor the i applies of troops tecei* 
*ied from Buenos Ayres; that ClHliwas 
HHabkd JO theyeap 1817 to renew the 
"9 ibrrindependence, whioh hod 
^WcaF^teviDiisl^ti^iaatedin tbatcmla- 

try by the successes of the tt^alista. 
In 1817 they had gained important 
-and decisive advantaji^es i and the de- 
feat of the royalists at Chacabuoo was 
no decisive in its consequences, that 
the' whole country was laid open to 
^eir victorious arms. The general ac- 
cordingly entersdSantiaga in trtumpk; 
and the patriot army pursuing its ad» 
"vantage, arrived before Talca-huanOp 
where the broken remains of the royal- 
ist force had taken refuge. The ind^ 
pendent generals did not deem it exf 
^>edient to undertake the siege of this 
town. Geaeral San Martin, therefom, 
leaving a sufficient number of troops 
to blockade it, proceeded to march on 

The independent. generals were no 
-way discouraged b)rthe sttcoeBsfuL 11^ 
aistance of Talcathuano. Having ,io> 
iCeived reinforcements from Santiago 
and Bruenos A yres, they extended their 
.▼iews to nothing less than the conquest 
of Peru, and the reduction of L^ma, 
while the Viceroy of that kingdom 
was, on' the other hand, fitting out m, 
4iew armament for the invasion <)f 
•Chili* This expedition, which con- 
:sisted of about 4000 troops, under the 
command of his son**in«law, Osorio, 
•the same -who was defeated at Chaca* 
buco, landed without any obstade^in 
the beginning of February, in the' Bay 
<of Conception ; and being' reinforced 
4>T the garrison of Tak:avhttano, the 
blockade of which place was precipi* 
tately raised, and other additional re- 
.emits procured in the country, the 
royalist force vras-increaaed to betweco 
JOOO and 6O0O men,* which was advan- ' 
crag by forcedrmarchea on the capital 
-of Chill 

To resist this formidable iavasiony 
. the republtcaa chiefs collected all their 
• forces i* and they at the same time pub- 
(lished a manifesto, setting forth- the 
ignevasces of the country, and the va« 
. rious opprcssioBS which it had Jitfier- 
-td froBLthe colonial naooopoly.orthe 

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mother country, and the tyranny of 
the Spanish government. The army 
pf General San Martin was superior 
in number, but far inferior to the 
Spanish troops in the discipline and 
and experience of war. The p($licy 
of Genera] San Martin was, therefore, 
to avoid an immediate battle, and ia 
the meantime to hang on the flanks of 
the enemy's force, harassing them in 
their march, and waiting ^r an op. 
portunity to attack them with advan- 
tage. In the course of this desultory 
warfare, several skirmishes took place, 
,with various success ; and the first ac- 
tion of any consequence was fought 
on the 1 5th Marcn, at Quechergas, 
when both parties suffered an equal 
loss. In the meantime/ the royalist 
army, constantly harassed by their 
enemies, were daily advancing, and at 
length, on the 19th, reached Concha 
Ragada, near Talca^ where it was 
obliged to halt in a dangerous posi- 
tion between the river Maule, the pas- 
sage of which could not be attempted, 
and the Chilian army, 7000 strong. 
In the course of the previous manoeu- 
¥res, some skirmishing took place be- 
tween the two armies, and General 
San Martin was makinfir the necessary 
dispositions for attackmjB^ the royal- 
ists next day* Between eight and nine 
10 the evening, the troops were in their 
position, and the infantry were chang- 
loe their front, when the royalist Gene- 
ral Osorio, observing his opportunity, 
ventured an attack on the enemy's cen- 
tre, which was executed with singu- 
lar boldness and success. A Spanish 
column of infantry marching suddenly 
out of Talca, made a furious charge 
on the disordered line of the patriots. 
The militia, against whom the enemy's 
efforts were chiefly directed, were pa- 
nic-struck; there was no time to form ; 
and in the meantime a second column 
of the royalist army advanced, and 
began a heavy and well-directed fire. 
These vigorous and judicious move- 

ments threw the patriot army into 
complete confusion. The rout ber 
rame general, and in the flight every 
thing vras abandoned, — the csmp, the 
baggage, ammunition, and 28 pieces 
of artiuery. General O'Higgins, who 
was wounded in the action, and Saa 
Martin, exerted themselves in vain to 
restore order, and to rally the troops* 
The left wing was completely destroy* 
ed ; and San Martin could with dim. 
culty collect the remainrof kis scat- 
tered host, amounting to S500^t]t>ops» 
with which he fell back upon Santi- 
ago ; to which place also the royalist 
General Osorio, elated with the im* 
portant advantage he had gained, now 
directed his march, having announced 
that he would make his triumptral 
entry into that city on the 5th or 6tk 

The intelligence of this disaster 
spread universal alarm at Santia«)^ 
among all the adherents of the patriot 
cause. They were well aware, that 
the triumph of the royalists would be 
followed by the universal proscriptioa 
of their enemies as rebek and traitors ; 
and they were in consequence filed 
.with well-founded dismay, on hearing 
that they had gained an important vie- 
tory, and that their army was advan- 
cing by rapid marches to the capital. 
In the meantime, the patriot chieb 
were indefatigable in their efforts to 
recruit their shattered forces. Ail Uie 
stragglers from the late defeat werecol* 
lected and sent to join the army g new 
equipments were provided | and by 
their incredible activity, they again 
found themselves, on the ISth day af- 
ter their defeat, ready for a new con- 
flict with their enemies, who, on their 
side, were advancing in the fullest aa- 
ticipation of comptete success. On 
the 5th April, the two armies again 
appeared in presence of eadi other ; 
the royalist general occupied a posi- 
tion on some heights commanding the 
plains of Maipo, which extend about 

Digitized by 


Cmaw. l&n 



seven leaj^nti to the north of SantU 
wo. His line was supported by 2(1 
^eces of artiUenr. Tht two armies 
nvrnceiiveredfor the purpose of gaining 
m favourable position. Don Osorio 
endeavoured to turn the right of the 
independent army ; but San Martin 
chan^ng the direction of his march, 
drew up his army on an eminence in 
front of the royal armyy which he 
threatened to outflank on the left. 
General Osork> observing this move- 
menty drew back his army towards a 
hill which stood alone in the plain. 
Here he erected a battery of four pie- 
ces of cannon, which raked the whole 
front of the enemy's line. 1 1 was im- 
mediatelT apparent that this height 
vras the key of the position ; and on 
this pointy accordingly, the two con- 
tending armies directed their most fu- 
rious attacks. Thf; patriotic troops 
gallantly advanced in i:lo8e columns 
to the attack of the height with the 
bayonet^ when they were overwhelmed 
by the fire from the royalist batteries. 
Several brilliant charges of cavalry 
were then made, on both sides, with 
various success ; at length the Spanish 
left being thrown into disorder by a 
well-directed fire from a battery of 
eight pieces of cannon, the patriots 
made a desperate attack on two sides 
of the hiU» and this important position 
was at length carried at the point of 
the bayonet. The flower of the Spa- 
nish army either perished in its defence, 
or were made prisoners, and the right 
winff was at the same time surrounded 
by Uke independent light cavalry. Of 
;the whole Spanish army, not above 
1000 escaped with General Osorio, to 
take refuge, as before, in the fortiBed 
town of TaJca-huano. In this battle* 
which lasted from mid-day till night, 
tgreat valour was displayed on both 
sides ; the loss was also nearly equals 
amounting to 2000 killed and wound- 
ed ; but Vie Spaniards lost about SOOO 
4 prisoneriy mostly consisting of the 

levbs raittd th Chili^ betides their bag« 
gage, and all their artillery. 

This great victory gave new vi- 
gour to the republican cause, and en- 
tirely calmed the fears of the inhabi- 
tants of Santiago. From this time, 
the leaders of the patriots resumed 
their project of invading Peru, and of 
expelling the Spanish authorities from 
that kingdom. With this view, they 
made preparations at Valparaiso and 
Conception, for the construction of 
a naval force, in which they might 
transport their armies to the scene of 
action ; and in their preparations for 
offensive war, they were no longer 
molested by their enemies. General 
Osorio, after the battle of Maipo, fled, 
as already mentioned, to Talca-huano; 
but despairing of being able to main- 
tain this place against the attacks of 
the patriot troops, he quitted it after 
razing the fortifications, and retired 
altogether from Chili, within the fron- 
tiers of Peru. Several corps of royalist 
troops, which were advancing to join 
the main body, were at the same time 
met by San Martin's army, which was 
now advancing, and were either made 
prisoners, or were entirely dispersed. 

In Peru, they had now every rea- 
son to apprehend a formidable inva- 
sion from the Chilian armies ; and 
the Viceroy, aware of the danger, 
convoked a Junta, composed of the 
different trading corporations of Li- 
ma, in order to devise the necessary 
measures for the defence of the capi- 
tal. In this council, he proposed to 
augment the naval fleet by a reinforce- 
ment of merchant vessels— -to arm the 
militia of Peru — and to impose taxes 
to defray the expence of those ex- 
traordinary preparations. The views 
of the Viceroy seem to have been 
generally approved of, and every ex- 
ertion was accordingly made, with the 
assistance of able engineers, to fortify 
the city on all sides.- A military force 
of 8000 men was also raised, and at 

Digitized by 



there wa# a scarcity of imukttS) thtf 
were partly armed with piket. On 
their side, the patriot chiefs were 
not slack in pushing forward their 
preparations, both naval and ntilttary, 
and the fortunate capture, about tma 
period, of almost the whole^panish ar- 
nament, which was on its voyage from 
Cadiz to Lima, whh reinforcements 
to the royalist armies, contributed 
greatly to forward their schemes. By 
this seasonable success, they were sup* 
plied with troops, with sbtpe, ammup> 
nition, and warHke stores of every de« 
scrip tion ; and having received rein* 
forcements of troops from Buenos 
Ayres, they were prepared about the 
«nd of the year with an expedition 
against the capital of Peru, consist- 
ing of from 15 to 18 ships, mounting 
250 pieces of cannon, and carrying a 
land force of 6000 infantry, and about 
1500 cavalry. The command of this 
force was given to General San Mar^ 
tin, while Lord Cochrane, well known 
for the high character he had acqui- 
red in the British service, and who had 
arrived about the end of November 
in the Caraccas, afterwards took the 
command of the navy. The ensuing 
campaign commenced with the opera- 
tions of this formidable armament. 

In Buenos Ayres, where the cause 
of independence had long triumphed, 
and which was therefore free from 
all apprehension of foreign attack, 
the contests of rival chiefs still con* 
tinned to distract the state. The great 
power^engrossed by the Director Puy- 
erredon gave rise to jealousies and 
discontents ; conspiracies had been 
formed for the overthrow of his 
power, and there were individuals who 
had even carried their selfish ambi* 
tion so far as to meditate the dis- 
memberment of the state, by esta- 
blishing the province of Cuio into a 
separate government, in which they 
were to have the supreme power. 
Some had i^reody paid the forfeit of 

their Bvta fivr tfaeii ahvoMi tU# tMft^ 
aonable achcme; but Um left bebiodc 
them many partisans, wW seaimvds 
everywhere the seeds of dislnisl a^ 
dtaaffection. Im addition to til ikes% 
causes of disturbance, the govemmcftli 
laboured under gi:ett pecuniary tmit 
barrassments ^ tlMy were reduced 1% 
issue papef-money to supply thfic 
wants, which now £eU into great ikk^ 
credit, and, at the same time, to imn 
pose heavy iMnxlens on comoMrse* 
Anud these difficulties, however, whiA 
threatened the new republic on everfi 
side, as its chiefs continued uodisniayY 
ed, their courage and zeal aeemed lA 
rise IB proportion as it was wanted fo» 
the struggling state ; they equipped 
armies, and sent out armamentay wiaa* 
It judging that their first cfuie wnt to 
defend the country and the cfuse of 
independence at any expence^ Thft 
victory of Maipo, and the invasion of 
Peru, were among the fruits of thoat 
wise and vigorous measures. 

With respect to the republic eetft» 
blished by Artigas, between the Umv 
guay and the Parana, tlie Portugutso^ 
who had possession qf Monte Vidci»» 
were always desirous of possessing 
this territory ; and while this chief wan 
defending himself against a force that 
was sent against him frpm Buenos 
Ayres, they surprised the important 
post of Colonia del Sacramento, whiok 
they fortified. They afterwards took 
another post of some consequeDce* 
and the dominioB of Artigas was se* 
riously endangered. This latter ad* 
venturer, however, was in greater 
strength than his enemies imagined ; 
having not only recovered from theae 
checks, but at the end of the yenr 
having acquired possession of several 
sea-ports, from which he sent out b«« 
merous privateers to prey upon thie 
Portuguese commerce. 

In the extensive country of Bnsily 
a general spirit of disaffection to the 
dominion of the mpther cooBtry «^ 

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fia¥tk id tKe' province of Pernanlibuco 
ilkta « rftth afdd premature iiMurrec- 
tioBy wfatck wfts speedily qaelled. But 
^otfgh an outward appearance of 
mmquiUitf was thus restored, men'* 
Anda were not on this account the 
let* uuaettled and discontented. We 
find tlie government accordingly evin« 
cing the moat extreme jealousy of ita 
iihjecta, publishing decrees agamst 
^met aocietiesy and holding out every 
•mt of dub or confederacy as criminal, 
Imd ordaining the members to be ar^ 
reatedy and to suffer the utmost rigoui^ 
df the law, namely, the confiscation ctt 
that goods, and in some cases the 
}ro«israieiit of death. These cruel 
•nd tyrannical measures sufficiently be* 
tniyed the feari of this imbecile go- 

In the extensive kingdom of Mexi- 
co, tb^ failure of Mina's ill-fated ex* 
peditioQ, and the destruction of his 
ibllowers, either in the field or on the 
leilfeld, was folbwed by an outward 
appearance of tranquillity ; and the 
year 1818 passed over without any 
iKemorable occurrence. The royalist 
troops were everywhere spread over 
the disturbed ph)vinces, besieging such 
forts as still remained in t^e hands of 
tte patHots, or driving their disor- 
derly bands from the open country 
tnto the fasttiesses of the woods or 
iteotfn tains* 

The affairs of the United States 
lofwed on in the year 1818 in thehr 
'listtel even tenor ot domestic prospe- 
lity, and the slight disturbances oc- 
^carioned on the Georgian frontier, by 
'the invasions of the Seminole Indians, 
'abd by the subsequent invasion of 
Tkrtid^ by General Jackson, can 
'tdiribely be said to throw any shade 
«n the bright picture which they ex- 
'hibtted of internal improvement. The 
^savage tribes, which atill occupied the 
^Si^acniah territory of the Pbridas, were, 
it appears, io the hAit pf making hos- 

tSh tM^oiis hit6 the Aaerioan ter« 
rifory oi Georgia, plundering at the 
same time, and frequently murdering 
the helpless inhabitants. A message 
was accordingly sent by the Presi- 
dent to Congress, which, as memioo* 
ed in our last volume', met in De- 
cember, informing that body of the 
hostilities committed by those sava«« 
ges, and submitting to their legisla- 
tive wisdom to devise the most ef- 
fectual means for checking their ra^ 
iages, reminding them at the same 
time that Spain, which still retain^* 
ed possession of the Floridas, was 
bound to restrain the Indians from 
violatihg the American frontier ; and 
if that power failed to perform this ne- 
cessary obligation, the duty of protect^ 
ing its subjects devolved in that case 
6q the governn^ntof the United States^ 
whose armies would be entitled, upod 
the principles of self-defence, to pur- 
sue these barbarians even into the Spa^ 
nish territory of the Floridas. Before 
this message was sent to the Con« 
gress, the war was already begun. Ge- 
neral Jackson having assembled about 
4000 troops, partly militia, and part-^ 
ly regulars, at Fort Scott, which was 
threatened by 4<XX) Creek or Semi* 
Hole Indians, advanced to Fort Gals- 
den, which he occupied the 26th 
March, and in seven days more he 
arrived at the great Indian village of 
Muska ' Suckee, which the Indians 
evacuated, after sustaining a great loss 
both of men and cattle. GenenA 
Jackson, in pursttance of his plans, 
dnd on the alleged ground that the 
Spanish governor of Pensacola had, 
icontrary to the faith of treaties, aided 
the Indian sarages in their barbarous 
-warfare against the subjects of the 
United States, suddenly appeared 
with bis troops before that place on 
the 25th May, and fbnnaHy demand- 
ed its surrender. The place not being 
tenable, the governor retired to the 
fort of Baraocas, which commands 

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the town, declaring hU intentiod to 
hold out to the last extremitj. Not- 
withstanding this declaration* he sur- 
rendered upon terms on the SBth, 
after about 30 of his men were killed 
and wounded. The American ge- 
i^raly having left in Pensacola a soffi* 
cient garrison, proceeded to take pos« 
session of Fort St Augustiii, and ha- 
ving garrisoned this and several other 
strong fortSy he scoured the whole 
country situated between the Per- 
didot Mobile, and Pensacola, killing 
or making prisoners all stragglers 
whom he &und carrying arms against 
the United States. The war was at 
length terminated by a treaty, on the 
24th June, with the Indian chiefs, ac- 
cording to which, for an equivalent 
in money, they ceded, with certain re- 
servations, their territorial rights to 
the American government. 

It was in the course of this irrup* 
tion into Florida, that General Jack- 
ton made prisoners of a Frenchnun, 
named Francis, and also of two^ Eng- 
lish subjects, Arbuthnot and Ambris- 
tie, who were seized among the In- 
dians. The first, on the alleged ground 
of having in his pocket a brigadier- 
general's commission, was hanged upon 
the spot ; the two others were reser- 
ved for trial before a court martial; and 
being arraigned on several vague char- 

fes, Arbuthnot of having incited the 
ndians to commit murders, of having 
furnished them with materials of war, 
■nd of having acted as a spy ; and Am- 
bristie of bemg found fighting against 
the Americans, though he was the 
\ subject of a neutral power, they were 
both found guilty, and at first con- 
demned to death by the court. But 
this sentence being deemed too severe, 
was in the case of Ambristie rescind- 
ed, previous to its being laid before 
General Jackson ; and he was ordered 
to be flogged and imprisoned. The 
first sentence being, however, appro- 

ved by Genera) Jacksofi, vvtMMrdsfyd 

to be executed, and these two unfor- 
tunate individuals were accordio^y 
hanged without further delay. 

After perusingall thedocumentscook 
nected with this faul transaaion, ther^ 
can, we apprehend, be but one opinioa 
as to its character, namely, that it was 
an unwarranted act of power, contrary 
to the most sacred principles of Uif 
and justice. In every criminal proce^ 
there are three essential points, tj^e 
neglect of any one of which, it is eifi- 
dent, places the life of the accused at tf^ 
discretion of the judge. These are, 1st, 
That he should be tried by some known 
rule of law, with the penaltv annex- 
ed ; 2d, That the breaking of this law 
should be brought home to him in dis* 
tinct and Specific acts ; and 3d, That 
the evidence should have a direct ten- 
dency to establish these specific acts« 
In this case, all these rules were gross- 
ly violated. 

1st, The prisoners were tried accord- 
ing to the law of nations; and we never 
heard of any crime for which this en- 
lightened code adjudges the subjects 
of one nation to suffer death at the 
hands of another, except when they 
were detected in the character of a spy* 
But of this charge Arbuthnot was ac- 
quitted. Of what then was he found 
fuilty ? Of stirring up the Creek In- 
ians to war against the United States, 
and of aiding and abetting and com- 
forting the enemy, by supplying them 
with the means of war. in all the 
transactions of civilized nations with 
each other, there is not a single exo 
amole of any individual being executed 
for such an offence ; and is an obscure 
court-martial of American officers* 
therefore, holding their sittings in t^ 
back woods of their half civilized coun« 
try, on the very verge of civilized life, 
amid savage manners and practices, 
warranted to introduce barbarous in- 
novations and unheard-of severities ? 

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CiBip. 12.;] 


The ^rekt eril of theiie irregular and 
an^niiDtiy proceedings is, that they 
«]iake to its foundation that system 
'wludi regubtes the intercourse of ci- 
irslized nations, and which preserves a 
species of order even in the midst of 
war and confonon, 

' The charge on which Mr Amhris- 
tie was condenmed, is, that he headed 
the Indians in their war against the 
tioopa of the United States. This, 
tk jHrnoner acknowledges and justi- 
fiet. On the other hand, it is stated 
in the sentence, to be «' an established 
prmcipfe of the kw of nations, that 
any hMfridnal of a nation making war 
apomt the citizens of any other na- 
tioQ,^ they being at peace, forfeits his 
yfegfBUce, and becomcfs an outlaw and 
pirace. This is the cage of Robert C. 
Attbriitie, deatiy' shewn by the evi- 
dence adduced." Now, we confess we 
■ever beard of such a principle. On 
tltoooDCrary, it is a principle establish* 
cd, aa fiu- as the universal practice of 
t^ European states can establish any 
ting^ that when two nations are at 
#arr the subjects of neutral states may 
lawfuHy enlist as voluoteers in any of 
tlie contending armies ; and this pnn-t 
ciple has been frequently acted upon, 
mi, ivcognized, by almost every na- 
tioa in Europe. 

The vague nature of the charge on 
winch this individual was capitally ar- 
m^goed; must also strike every one. It 
it to loose and general, that it may em- 
bsaoe the whole conduct of the indi- 
vidaal accused, and every action of 
hm lifc, which by implication, may 
be tortured into evidence of his guilt. 
Hie advantages which this gives to 
thr aniioe of an accuser is obvious. 
la d eed , do man's life, however pure, 
omU stand against accusations pointed 
against it from such a commanding po- 
sicioa.. There is no conduct which^ up- 
oa soch a principle^ calumny may not 
fal^ken, first by a vague accusation, 
GBcatkig a pre|adice, and then distort- 
■ig erery circumstance to favour this 

preconceived notion. We cannot {con- 
ceive a more complete subversion of 
every rule and principle which yrehftve 
been accustomed to hold essential, to 
substantial Justice^ than is exhibited in 
this part Qi the procedure. 

The evidence admitted was of the 
most exceptionable nature. One per* 
son is brought to prove the allegations 
against him, from a letter said to hsive 
been written by him (Mr A.). to, an 
Indian chief. The witness who gave this ' 
evidence, could not swear that the let- . 
ter was addressed to the Indian chief. 
There was no copy of the letter pro- 
daced, nor even an attested copy of it» 
but simply the evidence of a person who 
said he bad seen it, and who stated its 
contents from memory, but who could 
not swear that it was addressed to the 
said Indian chief. But this violation of 
all principle is even outdone by what 
follows ; for one Hambly, a personal 
enemy, as it appears, of Arbuthnott 
is allowed to state in evidence, that a. 
certain Indian chief informed him that' 
he was-instigated to war by Arbuthnot. 
It is well known, that none of the In- 
dians are entitled to credit, and ac- 
cordingly, that their evidencoiisnot. 
admitted in any American court of 
judicature. But here we have not 
only this evidence, bad in its best form» 
admitted against the life of an indivi* 
dual, but admitted on hearsay. A more 
gross outrage against all the rulea of. 
judicial proceedings cannot be concei- 

But by far the worst feature of this 
case is, that the members of the Court, 
struck with the cruelty of their first 
decision, requested time to reconsider 
it, and, on due deliberation, they re- 
yoked the sentence of death, changing 
it into a lighter punishment. But this 
aversion to shed innocent blood did not, 
it appears, suit the temper of General 
Jackson ; he disapproves the recon- 
sideration of the sentence ; and, in the 
face of a recorded judgment of a com- 
petent court, he executes this unhappy 

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Ticdm of his relentless crodcj. W« 
ciQiiot coocciTe a more heinous pro* 
ceedingt 8ach an act cannot be re« 
garded in any other It^ht than as a rnur* 
der under the most iuBsj* disguise. 

In the transactions ot the Americaa 
legislature for 1818» nothing occurs of 
any grrat or eeneral interest. The a« 
mount of mifitary force was fixed at 
l<\OdO men, and the expences of the 
sute for the rear at24,500,000dollars. 
Various reguntions were passed a£Fect« 
lag commerce. Protecting duties^ were 
imposed on Hnea and cotton stu£Fs ; and 
another measure was devised for retali* 
ating on Great Britain t}ie exdusioif 
esublished by her Navigation Act, of 
ail foreign vessels from her colonial 
ports. It wu accordingly provided 
by the American act, t&t the poru 
of the United States should remsiu 
closed agsinst every vessel owned 
wholly or in part by British subjects, 
oomsog from any port of Britam or 
her dependencies^ wnich is shut against 
the vessels of the United Sutes. This 
law appears to be in the strictest|Sease 
a measure of retaliation. It enacts 
nothing positive ; but leaves it entire^ 
ly to the option of this country either 
to leave a tree trade with the United 
States, or a restricted trade, or no 
trade whatever. If Great Britain al- 
lows American vessels to trade freely 
with her whole territories and depend- 
encies, the same privilege will be ex- 
tended to British vessels trading to 
America f but from whatever port 
American vessels are excluded by Bri- 
tain, from the same ]K>rt will all Bri- 
tish vessels be interdicted from tra- 
ding with America. £ver^ restriction, 
thmfbre, which the navigation laws 
of this country impose upon the trade 
and shipping of the United States, 
virtually imposes a similar restriction 
on the trade and shipping of Britain | 
so that this measure of the American 
government is strictly a measure of re^ 
—*'—-- It breathes nothing hostile 

and vindi(^e» It is not the kss i«- 
jnrioos, however, on this account, lo 
the trade of this country, and it de« 
serves to be considered, how fir tiwse 
exclusive enactments for the exdo* 
sion of our navigation can be regard- 
ed as politic, which draw down such 
heavy retaliations from other coun- 
tries. If we monopolise our navi|;»* 
tion, other nations monopc^xe theii% 
and this narrow and eacdusive policy 
thus becomes general. Bnt it is surely 
not for the advantage of Britain that 
such a system should prevaU. It is 
not congenial, either to her constitu- 
tion, or to any part of her domestic 
policy. She has flourished in wealth 
and comaserce, in conseouence of the 
energy, enterpriae^and tsuent of her in- 
habitanuhavmg a free range. Her pro- 
gress in commerce excited the jealoosy 
of other nations ) and they imposed re- 
strictions, because they were foiled ia 
the contest. This conduct, on their 
part, was quite naturaL Monopoly 
18 the resource of the weaker party. 
It is the expedient of the indolent and 
unenterprixing, who call in the aid ol 
force, because they have no chance 
when there is freedom. But it is not 
the policy of such a power as Britain, 
who has always outdone her rivals 
in fair and open competition. On 
these ffeneral grounds, it seems evi- 
dent, that Great Britain would always 
possess a navigation suited to her ex- 
tensive commerce, and to the physical 
advantages of her position. No artifi- 
cial exclusion will ever enlarge her na- 
vigation beyond this its natural size, 
and we greatly doubt, therefore, the 
policy of these enactments, however 
much they have been commended, the 
object of which is to exclude oihtr 
nations from a fair competition with 
British industry and skilK 

On the 16th November, the session 
of Congress was opened, as usual, by 
an address, or message, aa it is atyfed, 
from the President. Ia this addicsa 

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the Prtsidait CDtered at large into an 
espoBidoo bodi of the foreign and do- 
mestic relatioDi of the United Sutet ; 
and in the commercial proeperitjt the 
abuadant harvest, and the improTiBjg 
rereatie of America, he found ampfe 
topics for congratuiation. With re- 
apect to Great Britain, he stated, that 
as the commercial stipulations which 
existed between them would expire 
in July following, the American mi- 
mster had, according to his instruc- 
tions, proposed a new treaty to the 
British government, which had been 
received in the most amicable manner. 
With regard to Spain^ the Presideiit 
jostified the transactions whicli had 
taken place in the Flaridas^ on the 
•ground that these countries afforded a 
refuge to the Indians, who from thence 
issued forth to ravage and destroy the 
rising settlements on the American fron- 
ttier. He stated, ho wever> that theforts 
scixed by the Americaa troops would 

be given up, when an adequate force ap- 
peared to take possession of them. The 
execution of Messrs Arbuthnot and 
Ambristie was adverted to in the most 
cautious terms ; ao opinion whatever 
was ^ven as to that transaction ; it was 
merdy stated> that all the documents 
relating ta it would be kid b^ore the 
Congress for consideration* With re- 
gard to South America, the President 
expressed his firm deterrainatioB to ad- 
here to a strict neutrality between the 
contending parties. The remainder of 
the speech was occupied with matters 
relating entirely to the internal c(mdi^ 
tion of the United States, the trans- 
actions with the Indmns, the progress 
of the fortifications for the defence of 
the coast, and the incteaae of the 
navy. In conclumon, the Congvess is 
congratulated in the accession of ano- 
ther state, namely, the Illinois ; which 
was admitted in the course «f the 
^year into the American confederacy, t 

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212 EDINBURGH ANNUAL REOI6TER, 1818. C^hap. 1ft; 



TVeaijf wHh Hoikar.^Bmn of the Pindarees^^ReduOion efUMar'i mierior 
Forts.'^Pursuil ofBajee Rao, and iitrretder^''^SMement of his ierrHe^ 
ries.'^allant rmstance of Captain StamUm.^E$cape ofAj^ Sahek*-^ 
Financial statement. 

The war which was undertaken io 
the year 1817» by the British rulers 
of India, for the extirpation of the 
Pindarees, involved them, as we have 
seen, in other contests with several of 
the native powers. But the feeble 
and ill-concerted league formed at that 
time by these powers for their com- 
mon defence, was completely broken 
by the rapid and splendid successes 
oi the British arms ; and at the com- 
mencement of the year 18 18, the con- 
Querors of India had only to gather the 
fruits of their victories, and to pro- 
secute the war which they had so ao- 
SDicioudy begun, to a successful con- 

The battle at Mehudpore termina- 
ted the war with Holkar, who signi- 
fied his intention of submitting to such 
terms of peace as the British should 
dictate. These were, that he should 

?lace himself and his dominions under 
British protections in other words, 
that he should forfeit his rank of an 
independent prince, becoming a de- 
pen^nt and ally of the British, with- 
out whose sanction he could engage 

in BO transMtions with any foreiga 
power, and to whom, when requimdi 
he should be ready to furnish a con- 
tingent of 9000 horse. These, with 
some territorial cessions, formed the 
chief provisions of the treaty. By the 
submission of Holkar, the army waa 
left at liberty to pursue the original 
object of the war, namely, the destruc- 
tion of the Pindarees | and such waa 
the activity and skilful combinations 
now displayed in the pursuit of these 
military banditti, that they were cir- 
cumvented on all sides, and in their 
various attempts to escape, they were 
intercepted by the different corps of 
the British army, and put to death by 
thousands. So wasted were they at 
last, and so discouraged by fatigue, 
hunger, and the sword, that oiost of 
their leaders were obliged to submit 
on the single condition, that their hw^ 
should be spared, and that they should 
receive a suitable maintenance in situa* 
tions assigned to them by the British, 
at a distance from their former haunts. 
It was found a difficult task for the 
4eaders to reconcile their licentious JoI« 

Digitized by 


OlAF* 19.3 



dierf to an arnm^eniefitf which de- 
prived them of their armSf ihe imple* 
mentt of their trade ; and it was not till 
Mr D. Ochterlony agreed to employ 
about SOOO of them as cavalry in the 
British service* that the quiet disper- 
sion of these disorderly bands was at 
length e&cted. 

Having so far accomplished the ob- 
jects of the war in the destruction o£ 
these corps of military banditti, a dif- 
ferent distribution of the troops now 
took place* in order to carry into ef- 
§ect me ulterior views of the Anglo- 
Indian government* The three dif- 
ferent chiefs^ namely* Holkar, Bajee 
Rao* Peshwa of Poonah* and Appa 
S^i^ Ri^h of Nagpoor* who had 
tmkeii the field against the British* 
had fallen under the irresistible weight 
of then- power* and now lay at the 
flsercy of their conquerors. Holkar, 
as already mentioned* was degraded 
in to an humbleMepend^nt of the Bri- 
tishy and was besides stript of some 
portion of territory. With respect to 
the unfortunate Bajee Rao* it was re- 
solved* that he should be deprived of 
his dominions* and that the sovereign- 
ty hitherto resident in his illustrious 
nmily should be extinguished for ever. 
Snttara* still the nominal capital of 
the Mahratta empire* with the dis* 
trict belonging to it* was to be erect- 
ed into an independent sovereignty, 
and given to the family of that name, 
while all the other dominions of the 
Peshwa were to be taken under the 
administration of the British, and an- 
nexed to their already immense terri- 
tories in India. Appa Saheb* Rajah 
of Nagpoor* under various restrictions 
and cessions of territory* was restored 
to his doBuaions. The telritorial ces- 
sions of Holkar comprehended a coun- 
trr remarkably strong by nature^ and 
filled vrith fortresses besides* and Arab 
coknies, firom which serious opposi* « 
tion was to be expected 1 and it was 

extremely desirable that these strong- 
holds should be reduced^ and that 
everylobstacle to the pacification of 
the country should thus be removed. 
This duty was committed to Sir Tho- 
mas Hislop* who speedily accom- 
plished the reduction of all the forts 
which were held by the different chiefs 
throughout this strongr country. It 
was in the course of this service that 
he resorted to the dubious measure 
of executing the commander of the 
fort of Tamaer, for defending this 
stroog-hold* contrary to the order of 
Holur his sovereign. A fire had 
been opened ajgainst this fort firom the 
British batteries* and it was at length 
resolved to force the gate of the plrce, 
and to storm it. The storming party 
had penetrated to the third gate* when 
they were met by the governor* who 
proffered his surrender. The third 
and fourth gates were then opened* 
and they were proceeding to the fifth* 
when the garrison appeared mutinous, 
and demanded a parley. The gate 
was, however, finally opened^ and a 
small party of officers and soldiers ha- 
ving entered* they were attacked by 
the Arab garrison, when Major Gor- 
don and Captain McGregor were ia»~ 
mediately killed. Lieutenant-Colonel 
Murray was also cut down and dis- 
abled, with two other officers, besides 
several soldiers who were killed. In the 
end, however, the Arabs were driven 
back ; the phce was carried, and the 
garrison* amounting to 700 men* were 
put to the sword by the infuriated 
troops. It did not appear* however, 
from the minutes of the court-martiid* 
that the commander was accessory to 
this treachery of the garrison, and he 
was therefore hansred* on the ground 
of his having reb^d against hu own 
sovereign* tor whose honour and dig- 
nity he was at the tkne, from a asista- 
ken sense of honour* hazarding his life. 
The subsequent and reguku: surrender 

Digitized by 




of other and stronger fbrtresses in the 
same country, was ascribed to this 
act of politic sererity. 

In other parts of India, the Britisk 
dispbyed equal activity and success in 
the prosecution of the war in which 
they were engaged. The defett and 
sub^quent flight of Bajee Rao, the 
Peshwa of -Poonah, which took place 
hi November, ISlTy has been ahneady 
mentioned. He was imniediately pur- 
sued with unremitting vigour by the 
different corps of the British army, 
with a view to^ his capture, and the uU 
timate annihilation of his power. To 
enter into all the particulars of his 
flight, would enlarge our narrative be- 
yond its dae limits ; nor would such a 
detail of places and datea be interest^ 
ing to our readers. It will be suffident 
to observe, that he continued flying 
before his enemies till the beginning <n 
June, 181S, when he came to the canip 
of Sir John Malcohn at Mow, a few 
miles from Indore, with about 4000 or 
or 5000 horse, and 2000 infantry, for 
the purpose of surrendering himself. 
His flight from Poonah was directed 
southward towards some of his stroncp- 
bolds in the country of Sottara. He 
was pursued by General Smith ; and 
it was at first ima^ned, that his inten- 
tion was to shut hunaelf up in some of 
hh fortresses, and there defend himself 
to the last extremity. The power of 
the British, however, in redndng these 
fortresses, had been of late so successful- 
^r displayed, that they had lost all their 
former reputation as places of security. 
The Peshwa, therefore^ after bringing 
with him the funily of the Rajah of 
Suttara, to prevent any of them from 
falling into the hands of the British, 
who might set them up as competitors 
for the Mahratta crown in opposition 
to Imnself, marched eastward as ^r 
as Pnnderpoor, and thence making a 
circuit round General Smidi, he re- 
traced his steps in a south-westerly di- 
rection, and passed between Poonah and 

Seroor. From bis couiae B oHii w ani » 
he was turned by the rapid ptnmitt of 
his active enemies, and retired aduthip 
ward on the dbrect road to Pooorii, 
The British officer conmmding «t 
Poonah,dreading an attack of that dry 
from the whole of the Pediwa's arvy, 
sent orders for a battalion wludh waa 
at Seroor, to repair to Pooorii for dit 
purpose of resisting tlie expected Mb' 
tack. The march of this battaikMi 
gave occarioii to one of tlie noit ncu 
morable actions which was fought dtf- 
ring the war. The detachmettt ^M« 
sisted of a party of the native artillery 
with two six-pounders, about 500 oif 
the Bombay irative infantry^ and 9M 
auxiliary horse, under the comnsaad of 
Captain Staunton. In the course of 
its march from Seroorto Pooiiah,it «»- 
countered the vriiole of the Pfea b w a ^ s 
army, estimated at 90,000 horsey be- 
sides several thousand infentry, vrfaich 
opposed the further progress of the 
battalion to Poonah, and even threntett- 
ed to intercept its retreat A desperate 
conflict now commenced between thia 
mere handful of men and the whole 
Mahratta army* The contest con- 
timied till after Mmaet, and consisted 
of a series of obstinate attacks and de- 
fences of the houses in the village and 
circumjacent buildings, where tftie bat- 
tle was fought. The enemy was final. 
5r repulsed, and Captain Staunton, 
espairing of being able to make his 
way to Poonah, mfide good his retreat 
to Seroor, with the loss of a great part 
of his baggage, which he was forced 
to sacrifice for the sake of the wound, 
ed. The Peshwa,flyingsotith, passed a 
second time within W miles of Poonah, 
and moved as far south as Gulgula, on 
the Kishna. He was closely pursued 
by the different divisions of the Bri- 
tish force, which were stationed in the 
south ; and General Smith started from 
Seroor on the 8th January to join in 
the pursuit. Arriving in the neigh- 
bourhood of Suttara, General South 

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Chu^ ISO 



U4 lMr»4« ii» wkcft k tomndflnd id 
^conntofafcviiafa* Thitwiitthe 
ancmi. capital oC tlie Mabraua em- 
pm I and after k fvat ukeiw tbe tlaiid* 
aid of (be SavM;«a waa hoiated oa tha 
walla <rf tUs Ue aadeat ani of hk 
fmmlji aad a onnifctto wai at the 
•aane tMM piy>liaiied94aclariag the io« 
Umioa of tha Bdtkk g oa arai nant to 
Mpiib the Iraachery of tiM Pethwa 
bjee Rao* ky degrading biaa aad Ua 
fmSy &>r ofcr frm tha afttan^pity of 
Ibe l^abratta ea^pirt. Tha FCthwa* 
after tbeftU of Sttttan, babg baauned 
ia by tha diffofeat ^tiaioaa of our 
umff again diraoted hit MglA fouth* 
«ard» imcb brangbt him into contact 
vitb 9tbar difiMoaa of that iaunenae 
faaoe.wkkb the Anglo-Indian gofem- 
aMttt had hept in the field for the ba 
yaar» Tha gaeatett activity was dit* 
pfamd to bcoi him in on ererj tide $ 
and he was to dotclj pursued, that he 
waainfolvedinrarioiMOoniicu with tha 
Cafeein pitraukof hio^ all of which ha%* 
taaed to complete the ruin of hia affairs. 
Hit atroog tortnscet were alio daily 
fidliag before the irretistihle pow^ of 
Ua aaaaaiet i and hia aubjecttt diacoo- 
ti0pd by these reverses^ were gradoaU 
W paaDaring their necks for the recep- 
tion of a fweign yoke. Sodesperste 
jit last waa the sanation of the Pesh- 
wnTa aiEurs, that after long hesitation 
and wnf«rii^» he was induct to snb- 
mit to the firitkh^ who prooosed the 
iottowing conditions as the basis of a 
more penoanent treaty: 1st, That 
Bme kao should renounce for him- 
aett and hk posterity for erer, aU right 
ofsovereigatyintheDecan. 2d, That 
. be sbonld give wp the person of Trim* 
bnkjee, hk fonaer confidant and ad- 
viser, and all persons who were con- 
cerned in the murder of the two Bri- 
tidi streets, the Vanghans, at the 
beginning of the war. dd, That he 
should sapiknte himself from hk army, 
and come into the British camp, m 
whkh case hk person should be pro* 

tectedy and aoaM holy dty dhovU be 
twinned for hk future resuence, with 
a sutuble pension. His pension waa 
afterwards settled at about lOO.OOOL 
per annuro. To these conditions tha 
Pmhwa agreed, when he surrendered 
hk person to the British i and tha 
treaty with htm was duly ratified hj 
the Governor-General I althooffh it 
was thought that Sir Jphn Mdwohn 
had extended an undae degree of U- 
beralky to the fallen prince. 

After the capture of the Peshw% 
bk extansiTe dominions were taken 
under the admiaktration of the Bii- 
tkh I and, owing to tha utter ruin of 
hk afiurs, and the politic measures 
pursued by the British resident, Mr 
£lphinstone, the whole bountrv was 
qmcUy brought to submit to British 
authority* It is well known, that in 
IndUk the cultivation of the laad is the 
great employment of the inhabitanU | 
aqd tbat the pubKc revenue k derived 
chkiy from a land-tax, which k levied 
dire^ firom the diflFerent chases of 
proprietors and tenantSr— the regular 
payment of this tax bdn^ indeed the 
tenure by whkh the land is held. It 
vras the first care, therefore, of the 
British resident, to give security to 
the cidtivators, hj guaranteeing them 
against military ^iCge or extortion ; 
vniile the higher classes were secured 
by the same promises, and by odier 
compensations. The Bramins were se- 
cured in their religious ri^ta, and in 
the immense property which they had 
acquired from the benefactions oi the 
pious I and by these popular mea- 
sures, all classes were won to the new 
order of things. There was only one 
order of men a^jainst whom the Bri- 
tkh denounced implacable vengeance. 
These were the Arabs, who had aU 
ways fought bravely in the fidd, and 
from whom they of course experienced 
the most detenninedresiatence. Num« 
bera of thk waadaring race had aettkd 
aa colonkta in thk part of Indi% or 

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h«i hinA thdnielvet out to the &* 
femt powers at soldiers of fortune $ 
aadit was now determined to re-trans- 
poxt these, unfortunate persops from 
the country where they had beyi long 
settled, and where many of them had 
acquired distinction and wealthy to 
their native wilds in Arabia. 
. . The district of Nagpoor^ the R^ah 
of whfch^ Appa Saheby had made a 
Ufit and unsuccessful effort to free 
himself from the Britifl^ yoke in 1817» 
was the scene of new troubles in 1518. 
The' Prince, after his pusillanimous 
surrender to the British army, was re* 
stored to the nominal sovereignty of 
his territories ; but he was left, by the 
rigoroujs terms imposed on him, with- 
out any real power, being held under 
the most degrading thnudom by the' 
British, who justly suspected him of 
disaffection to theur authority and in- 
ffuenee,— and indeed it could hardly 
well be otherwise. On what principle 
can the conquerors and their victims 
ever be united by any tie of affection 
or confidence ? The British authority 
in India has no root whatever in the 
aentiments, habits, or manners of the 
people. A strong military force is the 
true foundation on which it rests, ami 
/resistance to it, therefore, by the In- 
.dian chiefs, must always be a mere cal- 
culation of prudence. The British, 
indeed, always hold forth the notion 
of allegiance being due to them by the 
Indian princes, whom they have gra- 
dually degraded from their rank in- 
tq a subserviency to their authority ; 
and they reprobate their attempts to 
regain, their former privileges and 
power under the name of rebeQion, for 
which they assume the right of punish* 
. iog them according to their discretion. 
. Nothing, however, is more natural 
than for the Indian princes to unite 
a^inst the British, whom they con- 
sider as the common enemies of Indian 
independence, and whose degrading 
thraldom they are anxious to cut oSl 

It was under the ioikseiice of these 
feelings, that Appa Saheb, the Riyali 
of Nagpoor, finoing himsdf under a 
degra^Dg bondage to a foreign power, 
and sensible that his affaira vrere act 
by any means in such a desperate •■• 
tuation as his fears suggested, resobad 
to embrace the first ravoorab^e oppotu 
tunity to throw off the yoke. SecrsC 
orders were accordiaglj sent to all the 
commanders of the ibrtresaea in the 
mounuin districts, to de£rnd them to 
the last extremity^^^o call out theb 
followers, and to offer every annoy* 
ance in their power to the Bntish av« 
thoritiei, especiallr to cut off detach* 
meats in charge ot coavoyt, and pre* 
vent the country from fiimishtD|^ aoo» 
plies to the different anmca-m the 
field. Every expedient was at the 
same time put in practice to impose oa 
the Brirish resident by a show of peace. 
Various drcumstaoces occoiredyhow* 
ever, particulariy the obstinate ddnoe 
of the hill forts, contrary to the ex« 
press orders of Appa Sah^» to ex» 
cite suspicions of his sincerity, and 
from that time he was diligently watch* 
ed by the residest, who sunrottsded 
him with spies, and thus acquired pari> 
ticukr infonnation of allms most se- 
cret movements. Several coursers, who 
were dispatched by him on private and 
confidential services, the resident can- 
sed to be ancsted vrith importaat pa* 
perst and having thus procured the 
most complete evidence of the Rajah% 
hostile designs, he resorted at length to 
the decisive measure of secaring pos- 
session of his person. This waseflected 
by means of a party of seuKxys, who 
went unarmed and seixed him. Na- 
goo Punt and Aamchundnr Wagh, 
his advisers, were seisBed at the same 
time. They were all three held ia 
close confinement for soase time at the 
Nagpoor residency, when it was de- 
termined to ^cnd them to an oW ps- 
lace of the Mogul's, within the fort 
of AUahalNid, mich was in every re- 

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nect fitted for their mfe eottochr. 
They began their journey on the 9d 
May; under a strong escort, com* 
manded by Captain Browne. In the 
course of this march, the prince con- 
trived by his secret agents to corrupt 
several of the seapoys appointed to 

r-d hsm; and by this means, on 
morning of the ISth, about two 
o'clock, a seapoy's dress was introdu- 
ced into Appa l^heb's tent ; in which 
the Rajah being accoutred, joined 
the eroup, and under semblance of a 
reKeC inarched completely out of the 
cnsp* Relays of horses were in rea* 
diness to carry him to a distance be- 
fore any alarm could be given. Six 
seapoys deserted with him, carrying 
wiUi them their arms and accoutre- 
ments, and a few others followed their 
eacaflsple in the course of the week. 
Every thin^ in the tent of Appa Sa- 
beb was left in its usual place, insomuch 
that the two servants, whose duty it 
was to handrub their master as he 
slept, continued to perform the same 
o£Etce to the cushions of the bed ; and. 
when the guard was chancred at four 
in the morning, the native officer, 
who, according to Captain Browne's 
standing orders, looked into the tent 
to ascertain the presence of the Ra- 
jah« seeing them so engraged, was sa- 
tisfied, and entertained no suspicion 
that he bad escaped. Every exer- 
tion was made, but in vain, to trace 
the route of Apoa Saheb, and to ef- 
fect bis re^apprebensioo. He fled to 
some of the mountainous districts, and 
was harboured by a rajah of consider- 
able influ enc e in that quarter. To- 
wasds the close of the rainy season, 
he waa enabled to collect round him 
a few followers from the wreck of 
Bajee Rao's army, and ftrom the fu- 
gitive Arabs driven out of Kandesh, 
and wkb this band he gave consider- 
able dtstorbaiicey nor was the rising 

in his favoqr entirely $ubdued by the 
termination of the year. 

The expence of*^ these various and 
complicated wars was very great, in- 
somuchi ^hat the surplus revenue of 
several prosperous years, which had 
been accumulated in the treasury to 
the amount, according to MrPrincep, 
of about eight millions steriing, was not 
only all expended, but an additional 
sum of debt was also contracted, 
amounting to 4f millions sterling) 
thus increasing the Indian debt, whicn, 
inil814, amounted to about 29 mil- 
lions sterling, to S4,775,792/, it» 
amount in April, 1818, with an an« 
nual interest of 26 lacks of rupees. 
To balance the disadvanUges of this 
enormous debt, Mr Princep, in the 
general view which he gives of In- 
dian affairs in his judicious woris, cal- 
culates the increased revenue which 
may be expected to arise from the 
conquered territories, and also the 
^reat reductions which may be made 
in our military establishments, in con- 
sequence of the successful war, and 
the general peace by which it has been 
followed. He intimates his convic- 
tion, that the recent acquisitions have 
been cheaply purchased at the expence 
of so many millions, and he revives 
the illusion, so often held out, of a 
surplus revenue from India, for the 
benefit of the proprietors in Europe* 
It remains to be seen how far tbese 
expectations will be fulfilled. In the 
meantime it may be observed, 'that 
in no former instance, as has been 
proved b^ figures, which cannot Ue^ 
has any increase of revenue in In- 
dia been attended with any benefit to 
the proprietors in Europe ; and if, in 
tbe present case, it should lead to this 
happy consequence, it will most assu- 
redly be at variance vrith tU past ex- 
perience of the Company's affairs. 

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TieQfieen. — MrHaslings^^LordEllenborough.^^irS. BomiUy,^MrRo$e.^^ 
Sir Philip FrancU.'^Mr Demotter of Dunnichen* — Bertrand de Mob* 
viile^^Ptatqffi'^Barclaif de ToUL-^Winzingerode. 

THBQuBSir. This illttstriotis Lady 
mtandly takes the first pbce among 
the puUic characters deceased doriog 
-thepresent rear. 

To proTioe a suitable partner for the 
Princes of the Royal House of Great 
Britain, has always been found delicate 
and difficult. The recoUecdon of long 
diluted succession and consequent a- 
Yil war, has elicited a law, now per- 
haps superfluous, prohibitiag all unkm 
with sutjects. At the same time, the 
diead of a foreign ruler, and of beinff 
ittirolTed io the round of continentu 
politics, inspires this proud and insular 
people with disHke to a close alliance 
with any of the great states. Here 
the difference of relig^n comes in not 
unaptly, to place an insuperable bar 
affaust these connexions. Such are 
the circumstances, in consequence of 
switch the north of Germany has be- 

come the jprand depository of matrix 
monial alhances for the House of 
Brunswick. Its. princeSf humorous* 
ly characterised by our national poet 
as ** sma' German ^tles," are in fact 
decidedly inferior m wealth and im« 
portance to Baany of the ducal houses 
of England. This, however, is justly 
considered as all in our &Tour % since 
a territory not equal to half an Eng* 
lish estate, can neither distract the at> 
tfliitM>n of a sovere^ from £nglan4, 
nor be worth attempting to involte 
that country in the wars and politics 
of the great powers. 

Antiong these small houses, that of 
Mecklenburg Strelitz ranked as one 
of the very smallest. Yet the house 
of Mecklenburg, notwithstanding its 
present narrow resources, is character* 
ized by genealogists, as among the 
most ancient and noble in Germany. 

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It WM one of those also which took 
the most active part in the first esta- 
blishment of the Reformation* In 
the course of succession and subdiyi- 
non, it split into three branches^ those 
of Gustroinr^ Schwerin, and Strelitz ; 
but the first having become extinct, 
« law»«ait was commenced between the 
two lattery respecting the divtsiot of 
its possessions. At length a compro- 
mise took place, b^ which the largest 
amount qf revenue fell to the Schwe» 
lin branch ; while the Duke of Meck- 
lenburg Strelitz received only the li- 
mited mcome of 15,000^. a-year. 

Of all the members of the R^fal 
Family, the King himself is placed in 
the most difiBcult situation, as to the 
important point of choosing a wife« 
Not only is he forbidden to marry a 
subject, but he is not permitted to go 
abroad to choose a foreigner for him* 
self. What a situation for a young 
king, surrounded by all the beautr 
and fashion of England, amid whicn 
he might make his hill election, did not 
this inexorable law interpose. Surely, 
if the first part of the law be neces- 
sary foh the repose 6f the kingdom^ 
the second, in such r special case, 
mfigiit for once be remitted. It was 
^nerally believed, diat a young lady, 
of extraordinary beauty^ and of one 
of the first families of Eaghind, had 
made a tmmf( impression on the mind 
of the youthful monarch. Dcodes reu 
gard for the laws, however, the no*- 
&ns of regal dignity instilled inoo 
him by Queen Caroline, debaned kim 
from ever seHouriy thinking of a s«b- 
ject. A Queen, however, being want- 
ed, all eyes were tmned to Germany. 
Chariotte-Caroline, sister to the fd^ 
ibg Duke of Mecklenburg 8trcktz, 
was then seventeen years of age, ha- 
ving been bom on the 16th May, 17#4- 
The utmost care appears to have been 
bestowed by her mother on her educa- 
tion. Her governess wa^ Madame de* 
Gra^au, who possessed a* fine CMte for 
poetry, and has distinguished herself 

in historical compositioiia. Theyouag 
lady's more serious studies were pre- 
sided over by Dr Genxmer, an orthodox 
Lutheran £vine, disttuffuished by hjs 
knowledge of natural lustory. She 
imbibed a taste for reading, becasie a 

Eroficient in the French and Italiaa 
Dgvag^ excelled in mus|c, and 
shewed a fine taste in needle-work and 
embroiderv. .These accomplishments 
were not likely to remain lone con- 
cealed from the Royal Family of 
Great Britain, to which she was al- 
ready distantly related, and which has 
always muntained extensive coonec- 
tioBS* with the German houses. Re- 
port, however, speaks variously as to 
the manner in which the Princess was 
first introduced to the notice of her 
future husband. In whatever manaer 
the King's attention was first excited, 
the tmnsBussioti of a picture fonned of 
course a natural preliminauy. This was 
a delicate operation for one who^amif) 
all her good qualities, was not <* blessed 
by nature with the charms of face." 
Doubtless it would have been an ill- 
timed fidelity in the artist, not to throw 
ia a few littering touches* Ako- 
ffctber, the yooag moaarch wis satis* 
Sed, and the match was finally deter- 
mined on. It need scarcely be added, 
that a commmiication being made to 
the family, no hesitation was £elt in 
aocepting so splendid an aUianpe* The 
King, on the 8th July, 1761, made a 
communication to the Privy Council, 
in whicb be described his future bride 
as ««. a Priooess distinguished by every 
eminent virtue and amiable accom- 
plishment, whoae illustrious line has 
canstantly shewn the firmest aeal for 
the Protestant religioa, and a particu- 
lar attachment to my family*" 

Nothing now remaioed but that the 
royal bride should be conveyed to 
England. For this purpose, the Ca- 
roline yacht was fitted up, and plac«a 
under the command of Lord Anso", 
whoae oam^ w«A t^en. cos^^i^crti tUe 
most illustrious on the listof jadmiraw. 

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Cba»« 1*3 


TWDttdMiietof AttOMler aadiHa* 
mikoiit dttOoootfMof Effingham, tad 
otKer ladies of raoKj weat as her at« 
tandanti* Oa the lith August, the 
flustion arrifed at Strdttc, aad the 
ccw mo n y of denaodiag the bride waa 
poffforiMd by Lord Harcouit. Oo 
the 17th> her Highaces took laateof 
her natm plaee^ aimd the bmenta* 
tioM ^and prayers of all ranks, par* 
tknfauiy the poor, to whom she had 
beem a hbenJ betelaetress. On the 
88d, the splendid retinue embarked at 
Cushaimb but the weather was so 
uafiiToonMe aad tempestuous, that 
they did not reach Harwich till the 
6th ^ September. Her Highness 
spent the night at Lord Aberoom's, 
and next dmr entered London by Con- 
stitntion Hd, and throush the Park 
to St James's. She was handed out 
of the coach by the Duke of York, 
aad reeeifed at the gate by all the 
Rojral. Family. The King first saw 
her in the gwden $ and we have been 
assured that, on this occasion, the 
royal oountenance displayed erident 
marks of disap^omtment, and that he 
efen inTolontanly started back. The 
Princess, conscious of the uo£rrourw 
able impression, is said to hata then 
amde an offer to return. The King, 
h o w e ver , ianaediatdy ttoodered, aad 
received his bride in a gallant and af- 
fectionnte manaer. At eight o'clock, 
the procession went to the chapel-royal, 
the bride's train beio^ held by ten 
young ladies of quality, when the 
OMtmony was performed by the Ardw 
tohop of Canterbury. 

Toe new Queen was aot long of 
dispkying the qualities best calculated 
to endear her to the English nation. 
She became completely an English- 
woman. Though bred in the I^the- 
ran persuasion, she immediately con- 
formed to the church of England, and 
shewed always a warm seal for its 
iateresu and mtMperity. She had 
fafonght with her a train of German 

ladks, the oJ lnpa nio ns of her youths 
and who expected in h^r elevation to 
find the roaa to fortune and sp endour. 
German £ivourite.8, however, especial- 
ly since Georn L have been always 
odious to the English nation. Of this 
the Queen was soon convinced by her 
royal husband, who presented her with 
a.sum of money to be distributed by 
way of indemmfication, among these 
foreign favourites, who were thea ship« 
ped oiff forth with for their native coun* 
try. In another shape the bounty of 
England was shewn to her family. 
The fitting out of the bride for so U*. 
h»strious a station was an objecl to 
which the slender revenues of Meck- 
lenburg Strehtz were very inadequate^ 
Under this consideration, a pension 
was allowed to the Duke on the Irish 
«itablishment, against which the na« 
tioo murmured a good deal, as they 
are wont to do, whenever their money 
is touched, but which yet seems no* 
tiling more than due from so great a 
power under sucK circumstances. 

While the Queen £(ave such satis.. 
faction to the nation, she djd not the 
less faithfoUy perform her duty to her 
illustrious spouse. If, from causes 
merely external, any unfavourable inu 
'pression at first arose, it wras soon 
wiped off by her good sense and agree- ] 
able manners ; and the connubiu fi* 
delity and harmony which reigned he-*, 
tween the illustrious pair was such, as, 
might have rendered them a mode^ to^ 
the whole nation. Peculiar praise is, 
indeed due to the party which is ex- 
posed to the strongest contrary temp- 
tations I but a etrong presumption also 
arises, of prudence, good sense, and 
ameable ronnnecs baring been em- 
ployed to oement this constancy and 
attachment. On the 12ch August^ 
1762, her Majesty presented the j^ing 
with an heir to the throne, George^ 
now King of Great Britain. She had, 
on the wlu»le, dfteeachildren, of whom- 
twelve survived her. It is remarkd^le^- 

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ubleM in one instince^ never used any 
a88utance» except thmt of a fenuife at- 

At the Queen's first artiTal, some 
difficnhy was formed in regard to the 
choice of a residence, the principal 
pfahces happening to be mucti out of 
repair. The sm^ palace of Kew was 
therefore chosen as a temporary abode. 
Her Majesty continued always attach* 
ed to it, and being extremely fond of 
botany, promoted that splendid col* 
lection of exotic plants, which was 
then beginning to be formed. After- 
wards Buckmgham House having un- 
dergone a repair, came to be cobsider* 
cd as^ pecuharly the Queen's palace. 
Windsor, however, was always the fa- 
vourite residence of the Royal Family. 
The Queen had here a lodge built for 
herself, and having purchased Frog- 
more, in the neighbourhood, she con- 
verted it first into a dairy^ and then 
into an agreeable villa. 

The luibits of the royal pair were 
extremely regular. They rose early, 
and after Spending the morning m 
business or study, took a drive in the 
neighbourhood, calling frequently at 
the houses of the nobinty and gentrr. 
Dinner was early, and consumed only 
a very short time. In the evening, 
there was usually a party selected from 
the neighbourhood, which was enli- 
vened by music, and sometimes by 
dancing. On the fine summer even- 
ings, they were seen walking on Wind- 
iOr terrace, amid a crowd of all de- 
scriptions of persons, to whom they 
behaved with the utmost courtesy and 

One of the most shining features in 
the Queen's conduct, consisted in that 
strict regard to virtue and decorum 
which she observed herself, and caused 
always to be observed at her court. 
No rank, no favour, could secure a 
lady whose character had sustained 
any taint, against the most complete 

exchisiott. On tUt polnc^ ^ wim al- 
ways inexorable. Ittprt>{taieties of 
dress orl)eluivioia' at cbutt, hive been 
followed bj a permanent prohibition 
to ladies of the first rank and^istinc- 
tion. The happy effecta of tins con- 
duct at a period when that pnrhy of 
pabUc morah whi<^ dittinguisiles Bri^ 
tain appeared to be pecmiarly me- 
naced, cannot fail to be duly appre- 

The Queen, after havmg passed die 
first part of her Hfe In tranquillity and 

CMperity, was exposed, during the 
ter part -of it, to severe and pecu- 
liar trials. The dreadful malady wkh 
which his Majesty wae aflUcted ia 
17B8, called forth all her fbrtklrde. 
The firmness and fidelity with whtdi 
she performed her duties, to her illos- 
trious spouse in these cahmiitons cir- 
cumstances, fiilty conunanded the ip- 
planse of the nation. Hia Majesty 
recovered the use of reason, and was 
able to resume the reinaof gbvertt- 
ment ; but after so severe an attack, 
his situatbn must ever after have been 
felt as anxious and precarious. Not- 
withstanding occasional alarms, how- 
ever, he continued t6 enjoy the use of 
his faculties fill 1610, when the me- 
lancholy death- of the Princess Amelia 
combined with other circumstances in 
produdng a complete rekpse, which 
soon terminated in settled alienation 
of mind. Her Majesty was then pro- 
perly entrusted with the care of the 
King^s person, in which important of* 
fice she was aided by a Coouctl, to 
which monthly reports Were made re* 
specting the condkion of the ro^id 

It could not fail to be remarked, 
that the Queen, du ring the latter yeai^ 
of her life, lost a great share of that 
popularity which she had enjoyed 
during her more flourishitig ycart. 
There prevailed, during this period, 
a disposition to view, fii)t in the most 
favoorabltrUghtj the conduct of allthe 

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of cliit ikfyupoAfii hotfie. 
It was uidf tint In tlie-kawtttabledis- 
•ennoM wbioh sgitited the Royal Fa- 
miij, the took rather tlie ptart wlfieh 
was dictated br materoal tendemeM, 
tb^n that which accorded with the 
ojpioioa of the public | and. the oppo- 
site course pursued by her au^t 
apouae serted to increase the odintn 
attached to hers. It was eren assert- 
ed, that on this occasion she did aot 
adhere to those strict principles of 

E'ety which she had so strongly 
sea. Supposing) however, some 
to exist, sufficient allowance 
seeoM not to have been made for the 
. natural partiality of a parent } without 
inquinng whether the strict eye of 
female jpropriety might not see ble- 
mishes in the one partv, calculated to 
at least to extenuate toe fmuks of the 

The Queen had received a literary 
education, and her habits were always 
studious. Her mornings were devoted 
to reading, and notwithstanding the 
immense extent of the King's library, 
she had made a considerable collection 
of her own. Every aoartment in 
which she had resided u>r any tiaie» 
was strewed with books^ Her range 
of reading was pretty extensive, but 
theology formed her favourite study* 
An abstract of the Christian religion, 
translated from the German manu- 
script of Freylinghausen, avowedly 
came from the pen of her Majesty ; 
and she has been said also to be the 
translator of the sermous of the cele- 
brated ZoUikofer* Her views on these 
subjects appear in Dr Beattie's ac- 
count of the interview to which he 
was admitted with their Majesties. 
The Queen, during her latter years« was 
accused of being penurious | but she 
punctually settled her accounts ; and 
after her death it was discovered, thst 
she had been in thehabit of giving nu- 
meroos pensions, of which the puUiCf 
and ionekimcacveii the objects of bar 


lHMfUt^,'IIDlifftUMU IMS SlllplttOII* ouC 

aaatntahiflRl in the neighbourhood of 
Windsor a school (br embroidery,- at 
the expence of 800^ per annum, and 
she bestowed a peculiar shar^ of her 
pfttroimge on the schools established 
for the purpose of national education* 
After having enjoyed, through life- 
time, aa excellent state of heareh, the 
Queen, in the course bf 1S17, was 
idkcted with a iniriety of abfming 
syinptoms*- They were at first sup- 
posed to arise from a' hepatic affwc* 
tion, and the Bath-waters were re- 
commended I but the disease continu- 
ed to gain 8ttf«ngth, and was' sotm 
found to have its. origin in dropsy of 
the chest. The Royal Family and the 
nation were for ma^y months kept In 
suspense by successive attacks and 
partial recoveries ) but at length her 
vigour entirely faUed, and a mortifici- 
tion ensuing, terminated fatally on the 
17th November, 1818. The mo«thi« 
teresting part of the details^ both «f 
the event itself, and of the subsequent 
funeral, are given in the Chronicle of 
Miscellaneous Occurrences. 

Warrxn Hastings. This indi- 
vidual, though bom in the rank of a 
subject, can scarcely be viewed in that 
Ught, when we consider the length of 
time during which he swayed the des- 
tinies of a great empire, and the pom* 
and power, almost niore than ttjnit 
with which he was surrounded, few 
have occupied so g^at a pbce iu the 
public eye, whether in his glorror in his 
sufferings ; none have been tne object 
of such extravagant praises, or of such 
violent invective^ By some he baa 
been described as the most fllustrious 
of statesmen, and the saviour of India | 
by others, as the most profligate attd 
abandoned of ^ben. The time seems 
not yet come to form a sober estimate 
of a roan who took the lead io such 
eventful scenes, and excited such vSo* 
Ifut party tod personal animosities. 

, Digitized by 




The biogrniphers ofHatdags have 
not yet been able to clear vp the se- 
cret of his birth. By hia advenariest 
it was stigmatised as peculiailYobscure 
and igDoble. Hb friends, noweyer» 
have called up a list of ancestors as- 
<^^g to die twelfth century $ but 
his actual parentage has never been 
positivdy stated* He spent, however, 
some time at Westnunster school, 
where he formed a connexion with 
Sir Elijah Impeir, afterwards Chief 
Justice of Bengal under his adminis- 
tration, and with Mr Jennings, the 
noted antiouary. In 1750, when only 
seventeen, he obtained the situation of 
writer in the service of the East India 
Company, doubtless through some high 
interest, which, however, is nowhere 
stated. He was nominated to Ben- 
gal, where he applied himself with pe- 
culhir assiduitr to the study of the 
Persian and IdKndostanee languages. 
This ac(^sition was then very rare 
amone the young Indian adventurers, 
^re bebg no requisition to that e& 
feet made, nor any establishment form^ 
ed by the Companr | and of the 
thoughtless Youths wno went out with 
the view of raising a large fortune, 
few were disposed to engage in such 
laborious tasks. These qusuifications, 
however, joined to his abilities and ad- 
dress, were not lost, at a time when 
talents of every kind were wanted to 
carry into execution the gigantic en« 
ter]>rizes of Clive. That ereat chief, 
having to select a fU resident at the 
court of Jaffier Ally Cawn, pitched 
upon Mr Hastings, who» by the pru- 
dent and successful exercise of his 
functions, entirely justified the choice. 
After a residence of three years, he 
returned to Bengal in ]761» in conse- 
quence of having become, by seniori- 
ty, a membjsr of administration. In 
1764, however, from some unexplained 
cause, he returned home, and, notwith- 
standing the favourable opportunities 
enjoyed by him, with a very small fon- 

tuM. Disappointed in his hopes, he 
seems to have renounced public life» 
and. expressed to Dr Samuel Johnsoa 
his wish for some moderate literary i^ 
pointment. Whatever might have oeei* 
the cause, however, which threw hioir 
out of the sphere of India patrooagCf 
, the present was not a time when abi- 
lities like his could be suffered to lie 
dormant. In 1769, the Company^ 
anxious to retrieve its affairs^ named 
Mr Hastings to the situation of second 
in council at Madras. He immediate-' 
ly set out on this new destination*. 
On his passage he met Mrs Inhoff^ 
the wife of a German portrait pabter^ 
whose beauty and agreeable mannera 
captivated his affections; and, in 1777» 
a matrimonial union took place, not 
altogether, we suspect, under the mosa 
cseditable circumstances. 

The good conduct of Mr Hasting 
in this office opened his way to still 
hiffher elevation. Amid the splendour 
which surrounded the Company^ af« 
fairs in India, and the extension of 
their possessions, very little had hi«- 
therto appeared of that substantial 
prosperity, to which, as a body of 
merchants, they mainly looked. The 
revenue of the conquered countriea- 
did not cover the expeoce of coiu 
quering and defending them ; the pro- 
ceeds of their sales did not cover the 
cost of the investments. When the 
affairs^ therefore, of this triumphant 
Company were laid before ParltaLment* 
they were found on the verge of bank- 
ruptcy» After various propositions^, 
an arrangement was at length madct 
by which the Company were allowed 
to retain their charter, on conditioa 
of sharing the adminutration of Indi» 
with the Kins and Parliament. The 
first result of this arrangement was, 
that the King appointed, and tht 
Company confirmea Mr Hastings a« 
Governor-General of India. In thdr 
resolution upon this subject, the di- 
rectors bore the following testimony! 

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ClAt. L3 



to tiis rhtnti i •^ Oor ^feiident» Mr 
Ha«tiiigB,* we trust, will set the ex- 
ample of temperance, economyi and 
reform \ aad upon this we are sensible 
m^ch wilt depends And here we take 
occasKMi to indulge the pleasure we 
have ID acknowkdging Mr Hastings* 
services on the coast of CaromaadeU - 
in constructing, with equal labour and 
ability, the plan which has so much 
improved our investments there ; and 
as we are persuaded he will persetere 
ia the same laudable pursuit, through 
every bran^ of our affairs ia Beogalu 
he, In return, may depend on our 
steady support," 

In the execution of the high functions 
with which he was now invested, all 
accounts agrree that Mr Hastings ac- 
quitted himkelf with the utmost abili« 
ty. The British affaii-s in Hindostan 
were in a critical situation. The rise 
oi Hyder, the most formidable of our 
lative enemies, the defeat of Sir Hec- 
tor Monro, the cutting off of the de- 
tachment under Colonel Batllie, and 
the powerful alliances of this new 
chk^ especially with the Mahrattas, 
appeared to menace the entire over* 
throw of our eastern empire* A very 
few years were sufficient to change 
the aspect of affairs. The British 
arms, under Sir Eyre Coote, were 
completely triumphant ; the Mahrat- 
tas were detached from the confede- 
racy ; Hyder was forced to accept 
terms of peace ; and Britain finally 
established over the peninsula, that as- 
cendency which she has ever since 
maintained and increased. Amid all 
this success, however, Mr Hastings 
foimd, that the objects which were to 
render him solidly acceptable to his 
employers were very little advanced. 
The exhausted finances left no means 
of forwarding those extensite remit* 
tances, which were eagerly demanded 
by every dispatch. Under this ex- 
tremity, he appears to have begun 
tlttt system of extorting supplies Uom 

bis weak sffiea or nefchbb^i, whfek 
became the subject ^ such riffid in- 
quiry. The Vwicr was impelled tO: 
undertake a war against the Rohillasi 
and to accept and pay a British sub- 
sidiary force. The expence of the army 
was thus reduced one-half, though hj 
a mode, the iustice or ultimate expe- 
diency of which were at least very 

The administration at home, though 
dazzled with the first successes of Mr 
Hastings, were not long of discover^ 
ing, that he was plunging into the 
same daring and desperate career, whicb 
they had so strongly condemned ia 
his predecessors. The Company might 
have augmented their lustre as sove- 
reiflrns, but their affairs as a mercantile 
and money-making body were not at 
all retrieved. In 1776, measures were 
adopted for his recall | but these were 
negatived by the Court of Proprietors. 
It was mereh- determined to sen ^ out. 
a council of four members, who might 
serve as a control upon his proceed* 
ings. The8ewereMrBarwell,0irPhilip 
Francis, General Clavering, and Colo* 
nel Monson. The three last gentle- 
men, on their arrival, were viewed by 
Mr Hastings as enemies, and scarcely 
treated vrith decent civility. They 
immediatelr began a most rigid in- 
quiry into nis public measures. They 
were most rigorous, however, in ex* 
actffig the performance of the stipu* 
latioRS made hj the Nabob Vizier^ 
whom Mr Hastmgs endeavoured now 
to protect. In short, the two au« 
thorities were completdy at variance i 
and upon every, subject there were 
transmitted to Europe two opposite 
and criminatory * reports ; one from 
the president, and the other from the 
majority of the conndL The new 
members called upon Mr Hastings 
to lay before them the whole cor- 
respondence rdative to the Rohilla 
war. He submitted to them only 
part, 8tatiag» that the rest was private 

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ind con fi de n t ia l ; botthej nrfled witk 
•ome reason, that upon such a pre- 
tence^ any public officer might :with- 
hold whatever could have a tendency 
to criminate himself. The grand sub- 
ject of contest, however, was respect- 
ing the evidence of a native of hiorh 
rank of the name of Nundcomar, who 
undertook to prove Mr Hastings guU- 
tjr of several acts of bribery, and par* 
ticularly of having received d50,000 
rupees from Munny Begum, a native 
princess, in consideration of an office 
which he bestowed upon her. When 
the proposition, however, was made 
to call Nundcomar before the council, 
Mr Hastings said, <' Before the ques- 
tion is put, I declare that I will not 
suffer Nundcomar to appear before 
the Board as my accuser. I know 
what belongs to the dignity and cha- 
racter of the first member of this ad^ 
ministration. Nor do I acknowledge 
the memberar of this Board to be my 
judges., I am reduced on this occa- 
sion to make the declaration, that I 
regard General Clavenng, Colonel 
Monson,'and Mr Francis, as my accu- 
sers.*' The council, however, received 
the evidence of Nundcomar, and think- 
ing it supported by sufficient docu- 
ments, called upon the governor to 
refund the money. Mr Hastings did 
Bot deigii an answer, but immediately 
proceeded to a step, from which his re* 
putation could not fail deeply to suffer. 
Nundcomar was brought to trial on a 
charge of forgery, committed four 
years, before j a crime not capital by 
the Hindoo law, nor even made so in 
British India, till after the period 
when it was alleged to have been com- 
mitted. Without regard to these cir- 
cumstances, Nundcomar was brought 
before an English jury, condemned, 
and executed* Such a step certainly 
laid Mr Hastings open to the worst 
suspicions of his enemies ; and even 
supposing^ it to arise only from vin- 
dictive pridjB^ wai dceplj culpable. 

The contesU that oonUaoed tn the. 
council tiU the death of CbldhelMon- 
son in 1776, when the governor, beinjf 
supported by Mr Barwell, was, by bis 
own casting-vote, again enabled to 
carry every question. Before this pe- 
riod, a Mr Macleane had been sent to 
England with confidential dispatches 
to the Company. This person, among 
other papers, delivered at the India- 
house a letter from Mr Hastings, con- 
taining a resignation of his office. 
Though this communication appeared 
to be made in a less formal manner 
than suited its importance, yet, being 
examined by a committee, consisting 
of the chairman, deputy-chairman, 
and a director, it was pronounced 
authentic. The resiffnation was in- 
stantly accepted, and Mr Wheeler ap* 
pointed to go out to supply the va* 
cancy. On Mr Wheeler's arrival, 
Mr Hastings was delivered from the 
thraldom in which he had beei^ held ^ 
and whether from this circumstance, 
or that ther« had really been some 
mistake, he positively disavowed Mac- 
leane, and sill intention of resigning, 
and expressed his determination to re- 
main in office. This measure was so 
vehemently opposed and protested 
against by Clavering and Francis, that 
it appeared impossible to avoid an ap- 
peal to arms. To avoid, however, so 
great a scandal, it was agreed to re- 
fer the (question to the Chief Justice, 
who decided in favour of Hastings. 
Soon after, his disputes with Francis 
came to a crisis.. In a minute of 
council communicated to the latter, 
Hastings used the following expres- 
sions : <* I do not; trust to his pro- 
mises of candour, convinced that he 
is incapable of it. I judge of his 
public conduct by my experience of 
fiis private, which I have found to be 
void of truth and honour.** An expla- 
nation being demanded, he referred to 
some former promises of support in 
his public measures, alleged to have 

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^aip. 1*3 



been made by Prancis. - Thh aherca^ 
tion led to a duel» b which Mr Fran- 
cis was wounded, and soon after re- 
turned to Europe, 

Mr Hastings now reigned the su- 
preme lord of India, the affairs of 
which he conducted with all his ac- 
customed Yi«)ur. He carried on the 
war successfully against Hyder, and 
held the other powers tranquil or sub« 
mbstye* He formed able plans for 
the internal government and collection 
of the revenue in the extensive pro- 
vinces which he had annexed to the 
empire. He sent an embassy to the 
Grand Lama of Thibet, and opened 
a speedy overland communication with 
Britain for the conveyance of intel- 
li^nce. While, however, he thus 
disposed of all things in the East, 
the storm of proscription in England 
was gathering fast. In looking for- 
ward to meet it, he was led to believe, 
that an exhausted treasury would be 
unpropitious to his favour with the 
Court of Directors. to obviate 
^is predicament, he had recourse to 
measures which, beyond any other, 
strengthened the hands of his enemies. 
Such was his treatment of the unfor- 
tunate Chevt Sing, Rajah of Benares, 
on whom he first imposed an enor- 
mous fine, then, on its non-payment, 
imprisoned, and finally deposed him. 
Such was the manner in which he 
deprived the Begums or Princesses 
of Oude of the treasure granted to 
them by the British government. The 
excess of harshness with which this 
proceeding was carried into execution 
by his agent, rendered it still more 
odious. He was accused also of la- 
vishing contracts and other advantages 
on those young men^ the interest of 
whose families might be advantageous 
to him in the approaching crisis. 

On the 13th February, 1785, Mr 
Hastings set sail for England, where 
he arrived in four months, eagerly ex« 
fleeted both by friends and enemief* 

No pariiaiiietttary proceeding ever ex- 
cited a deeper interest, both from the 
importance of the events, and the 
splendid powers which it called forth, 
Burke now shone in full glory, though 
his wonderful powers were exerted 
with an excess of vehemence, which 
ultimately weakened their effect. On 
the 17th February, 1786, he moved 
for papers, and on the 4th April, 
brought forward his series of charges* 
On the Ist May, Mr Hastings waa 
heard in his defence. He maintained^ 
that the charsres were ill-founded and 
malignant ; that the most gross false- 
hoods were circulated respecting hit 
administration in India ; and that, by 
the machinations of a few powerful 
indiriduals, he had been placed in hit 
present situation. ** In respect to hit 
public conduct, he had ever acted ac* 
cording to the exigencies of the times | 
and he had frequently been reduced 
to such extremities as to defy the sanc- 
tion of zuj precedent. No naan had 
ever been m more perilous situations $ 
and, amidst his disasters, he was en- 
tirelv left to the resources of his own 
Buad. He had resigned the govern^ 
ment of India imidst the regret of hit 
fellow-subjects ; he had repeatedly re« 
ceived the thanks of his employers^ 
the Directors of the East India Com« 
pany ; he had the satisfaction of dis- 
charging the trust reposed in him 
with unanimous approbation ; and he 
believed that no other power on earth 
had a right to call his conduct in ques- 

The first charge examined, was that 
respecting the Kohilhi war; and in 
this Mr Hastings was supported by 
ministers, and acquitted by a majority 
of the Commons. But when the charge 
was opened respecting the Rajah of 
Benares, Mr Pitt declared that, « Upon 
the whole, the conduct of Mr lias- 
tings, in the transactions now befort 
the House, had been so crud, unjust, 
and oppressive, that it was impostiMp 

Digitized by 


§99 EDINBURGH ANKVAii KE&ISTER, 1818. {[Coi^*^^ 

Ikbi M a num ^ hoaoor m boncstjrt 
or having toy rtgard to ftutk qt con^ 
4cieiic«* could any loBg«r resist." This 
chaan was violently exclaimed against 
iby tbe frieadf of Mr Hastijigit who 
^ven saidt that he had anbaittcd hit 
f0lld^ct to Paiiiameot in the faith of 
t>eing supported hy the minister ; hut 
it docs not i^ppear how any unquaU- 
jfied pledge to this effect could have 
)been fairly givepi without hearing the 
^cause, or on the mere ex parte state- 
jnent of Mr Hastings. Tae prosecu- 
tion now went on triumphantly, and 
Mr Burke was appointed to carry up 
the impeachment to the House of 
J^ords. He was seconded hj Mr Fox, 
Mr Sheridan, and others ot the lead- 
jog parliamentary orators* On the 
15th Fehruary, 1788, Mr Burke open- 
jid the trial, and poured forth the 
mighty stream of his invective. Mr 
fastings, he said* rested his defence 
iMi << a species of (geographical oioral- 
ity, a set of prinaples suited only to 
a particular dimate; and what was 
peculation and tyranny in Europe, 
lost both its essence and its name in 
ladiiu'* Referring to his boast of 
aecurin^ to the allies of the Company 
prospenty and protection, << the for- 
mer ne secures by sending an army to 
plunder them of their wealth, and to 
.desobte their soil !— -His protection is 
fraught with a simflar security t«->like 
that of the vulture to the lamb— 
grappliiig in its vitals ! thirsting for 
jts blood, scaring off each petty kite 
that hovers round"— and then, with an 
•insulting perversion of terms, he calls 
this prospenty and protection. The 
de^ se^hing annals of Tacitus— 
the luminous pbilosophy of Gibbon^-- 
all the records of man's enormity, from 
' the period of original sin up to the 
present period, dwindle into compa- 
^ rative insigrnificance, both in aggrega- 
tion of vile principles, and in the ex- 
tent of their consequential ruin.'* The 
pharges were aow auccessively o^u* 

edhrUc Burke, Mr Sheridaa, W 
Aa#truther, and Mr St Johat but 
the speeches extended to such a len^th^ 
and so much time was coniumed ia 
the hearinff of evidence, while the 
^ords would bestow only a certain 
portion of their time on the aubject^ 
. that year after year rolled on, witlu 
out any prospect of the charges beinff 
dosed. In 1789, when it appeared 
certain that it would be carried on to 
another session, Mr Hastings repre- 
sented, that his life would end before 
a dedsion could be come to, and even 
insinuated, that had he foreseen this, 
be would rather have pleaded guilty. 
It vras continued, however, for two 
years longer, and it was the fid June, 
1792, before the accused could eater 
on bis defence. In his opening speech, 
he took a high tone, denying or justi- 
fying all the proceedings with which 
lie was chargeo^ *< I am arraigned," said 
he, ^ in the name of the Commons of 
England, for desolating the provinces 
of uieir dominion in India— -I dare to 
reply, that tbey are the most flourish, 
ing of aU the sutes of India,— and it 
was I who made them so* The va- 
lour of others acquired ; but it was I 
who enlarged and gave consistency to 
your dominions, I maintaitted the 
wars which were of your formatioo<«- 
npt aune— I dispelled a confederacy 
oJF the native powers — I neutralized 
their efforts^— I divided their mdn* 

^ I gave you aU, and you have re- 
warded roe with confiscation, disgrace, 
and a life of impeachment*^' 

The defence was conducted by Mr 
(^aw, afterwards I^ord Ellenborough^ 
who presented an intrepid front to the 
mighty phalanx that opposed him. He 
vigorously contested every point, and 
dwelt strongly on the accunmlated 
hardships to whkh Mr Hastings had 
been subjected. Tbe defendant, he 
said, had suffered calumnies and re- 
proaches auch as no man had eoduicd 

Digitized by 





fltacetbt A^vof Sir Willier Bah%k t 
and afterwards dedaved, •* thaltha at 
tsaftiQB of hn opptviMd diootwaa locBf 
at nC'BQljavtd aohufBnibeiB|^iiiactiFi* 
aod which he hoped, for the hoaour 
of hmaaa natare^ ao perton would 
efter agm experience." After the de* 
fefioe was Gb«ed» endence was adduced 
ia tepljy and teven days employed ia 
SBomttDg it up ; after wUch, notwith- 
staading the loud coaipbbu of hb 
Hasting Mr Burke speat oine days 
IB makug his perorartoa. The de- 
feadaat*s couesel then dedared* that 
lather than protract the affidr, they 
would abstain frdm any comments oa 
the reply* 

We come now to the close of this 
kmg trial, in the course of Which a 
great change had taken place in public 
opinion. Indignation at the charges 
nd insensibly melted into pity at the 
fearful durance in which tne accused 
had been held. The prosecutors had 
orershot the mark; some of their 
charges they were unable to prove ; 
otiiers had been exaggerated ; and what 
guik was left» appeared to hate been 
sttflkiently expiated br such a length 
of eoferii ^ . When, tnereforci on the 
S8d Aprfl, 1799, the Tote came to be 
puti Mr Hastings was acquitted by 
the majority of 21 Lords aninst 8* 

After the conclusion of the trials 
Mr Hastings* friends made an appad 
to the India- House, which was bound, 
they urged» to defray the expences of 
the trial. After some deliberation^ this 
was agreed to, and a pension of 4000/. 
«-year wes Settled on aim for 28 years 
and a half. Some aid, iadeed» was very 
nece ss ary, as he appears by no means 
to have pos s essed that immense for- 
toae iHiich his enemies aMeged, and 
which might eren hate been expected 
ftom his regular emoluments in India. 
He declared, that in 1786 his entire 
property did not exceed S&fiOOL, of 
fskioh he-expended 54|D00{^upon the 

asaaor^if Saj^Hferd; nor waadiertf 
csar aof tUag in his mode of Irrfa^ 
ta disprove these assertions. 

Mr Hastings hating become pro. 
prietor of Daylesford, the ancient 
manor of his family^ and situated in 
the immediate tidnity of his native 
placet spent the .rest of hb fife in re- 
tirement, hnproting and ornamenting 
his ^rrounds; nor did he eter shew 
any inclination to encounter again the 
storms of public life. His manners ia 
pritate are represented as amiable^ 
conciliatory, and seductive. He cul- 
tivated literature vrith considerable as- 
siduity, and was even in the habit <^ 
composing occasipiud poems. The fol- 
lowing small effusion was made the 
subject of oomphiint by Mr Burke in 
the House of Lords, though, after 
such a deadly persecution, he bad sure- 
ht little reason to wonder at any aspe- 
rity ia which he might indulge : 

'^ Oft hftTB I wonder*d, that oa Iriih ground. 
No poisonous rq[>tile8 ever yet were found ; 
ReveaTd the seccet standi, of Nature's work. 
She saved her venom to creals a Burke.'* • 

Mr Hasdngs died on the 22d Au- 
guKt 1818| in the 75th year of his agpe. 

Lord £LLBNBoaonGH.-*The law 
in Engfand is a profession by which 
individuab of humble birth frequently 
rise to the highest honours of the 
state. The subject of the present me- 
moirt however^ already derived lustre 
firom his parentage. His father was 
•Edmund Law» the learned and virtu- 
ous Bishop of Carlisle^ author of se- 
veral exodleat works. Edward Law, 
the sixth son, after receiving the rudi-^ 
meats of his education at the Charter- 
house, was removed to St Peter's 
College, Cambridf^ of which his fa- 
ther was master. Here he applied vi- 
gorously to his studies, and obtained 
several of the highest acadenucal ho- 
nours. No sooner, however, were his 
studies completed, than he repaired to 
LOndoBy aad applied to the hw. He 

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foiploTed bimadf at fint m the tome* 
wbS^. nnoible .department of ipedal 
pleading, and of inatructing pupils 1 
from the one of which^ however^ he 
derived a. thorough knowledge of the 
technical parts of law, and from the 
other usend connexions. In a de-* 
partpetijt 9Q crowded* and where all 
clienta throng to lawyers of established 
practice, it is difficult for a younst man 
to puili himself into notice. X ouog 
^w found an opening in the Northern 
Circuit, where his name, rendered illus- 
pious bj the character of his father, 
proved a strong recommendation. Con* 
nexions formed there,brought busioess 
in towQ,andMr Lawbe^n tobe known 
in the Courts. Ulr Erskine, now Lord 
Erskinei hegap abotit the same time 
to s^ine hj tl^e splendour of his ora« 
porj I while Mr Law sought distinc- 
pon by the depth of his legal attain? 
ments* He now received a silk gown, 
apd vras considered a rising man% His 
practice in the Court of Kmg's Bench 
pegan to extendi though he was some- 
what kept back by an unaccountable 
prejudice with which be was regarded 
b^ his il)ustrjo|is prede^sior. Lord 

Aj) occasion ppw offered^ which 
bn^ht tl^ youn^ lawyer prominent- 
ly ii^to pul^i^ nottice. Mr Hastings^ 
impefu:lv?d before the House of I^ords, 
located eagerly for the ablest counse} 
to conduct his defence. Mr firskine, 
first applied tO) having been induced 
by -his political connexions to decline, 
]K|r L^aw was next resprted to, and was 
combined with the yet equally un. 
kno^rn names of Plonker and Dallas. 
It was scarcely possible for a young 
lawyer tp jbe placed in a more arduous 
situation, having to contend with thp 
flovfer of Engh^ oratory — a Surke, 
9L Fox, and a Sheridan, who, on this 
great occasion, surpassed all their for* 
pier exertions. Happily, however, Mr 
jL«aw was endowed with a stem in^- 
pi^tT| wl^di loade him shrink ifroi;a 

no sitntttioa in which hit.daty'^Ktd 
him. He never hesitated in answering 
scorn with scorn | nay, in reproaching 
his adversaries with the imeMperance 
of their invective, he was accused of 
equalling, if not surpassing the offence 
charged. At -one time, indeed, he was 
called to order by the House} aad 
Mr Fox started up, accnteg him a 
having branded the whole House of 
Commons with sending up sbadcn 
and calumnies in the shape of -charges. 
Mr Law denied ^j intention of »• 
fleeting upon the House of ComoKWS* 
though he was refidy tp chavge the 
managers with the use of slanderous 
and calumnious expressiQUS. He gain* 
ed several important legal points* par* 
ticularly the refusal to receive the etf» 
dence of Nundcomar before theoonn*- 
cil ; also, that the whole of the ^evi* 
dence for the charge should be finish-* 
ed before the defence was begun, by 
which means the defence made the last 
and strongest impression f while the 
charge, through the immense kogth of 
the trial, was almost forgotten before 
the decision was pronounced. Iq short» 
he prevailed; and the ample fees. which 
he doubtless received, formed a very 
small object consparefi inri^h the lustre 
which his name derivfd from this BWSm 
cessful <;ontest with the greatest on- 
tors of the day. 

Mr Law was now pointed x>iit as a 
fit subject for official promption, but 
some years elapsed before an oppor* 
tunity occurrea. At leng|:h, in 1^0I» 
when the offices of Attorney apd Soh« 
citpr<-.General became at once vacant* 
he waf raised to the former, without 
passing, as usual, through tho inferier 
steps» and was created Sir Edward 
Law. In the following year, on the 
death of JL^ord Keayon, he vaa nMdt 
Lord Chief Justice of the King's 
Bench ; which, except the Chanoellor- 
shtp, is the highest legal office in the 
kingdom. In this important plaoct his 
ponduct gave geneiil sa t is f fcti oy y |l|f 

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deq> kmwMge of hw, the digmtf, 
tiDctaml with sereritj, of hit deport- 
mcuu •nd the firomess and decision 
witii which he proDouoced his judg- 
ments^ eecared to him aa ample share 
of public confidence. His appeai-ancet 
in political life were not so popular, 
nor oensidered so suitable to the situa- 
tion which he now held. On the 
accetsien to power of the Fox ai^ 
Giomtte adsunistntion in 1806> he 
waa created n member of the Cabinet 
Council I a measure justlj objected to^ 
as ineonaistent with the separation of 
the ezecutiye and judicial powers. It 
waa indeed <me of the first causes which 
shook the popularity of the new mi* 
nistry, and-gave rise to the char^ of 
their acting upon different principles 
}tk power* nom those which they had 
professed out of power. The hostile 
part taken by him against Lord Mel* 
▼ilky whose trial came on soon after, 
waa idso considered by the friends of 
that nobleman as scarcely consistent 
with former habits tnd connexions. 
Mor waa bis popularity augmented by 
being appointed one of the Commis- 
sion to mqnire into the conduct of the 
Priocesa of Wales* So strongly was 
the public mind biassed against this 
commission, that a rumour gained cir- 
culation, of a nature which hia own 
character and that of his colleagues 
ought to haire seeing them against. 
Thtj were said to hate fabrici^ an 
unauthorized documentf containing 
what was not given in evidencci and 
Kippressiog wmit was given. This 
charge was alluded to by liord Ellen- 
borough in the House of Lords in 
terms of the strongest indi^natioo. 
He dcehred it <* false as hell m every 
part," and stated, that he and bis col- 
leagues having no means of proof, were 
compelled to rest their exculpation 
on n lat, positive, and complete de* 

Notwithstanding this ttmponury 
Whig oouutxien, the aentimeoU' oi 
l^tS Elkoboroo^ were gentrally 

ibmid on ^ side df audiotity. In 
1805, he resisted in the strongest 
manner every farther concession to 
the Catholics. In 1817> he loudly 
justified the circular letter of. Lord 
Sidmouth, which was the subject of 
so much discussion in Parlianieat. 
Public attention was strongly excited 
by his conduct in the trial of Hone, 
where he acted perhaps too much as 
a party. It was generally believed, 
that he, who had fearlessly encounter- 
ed the thunders of Burke and Sheri- 
dan, was shaken by the successful ef- 
fort of this clever, petulant, littk de- 
mago^e. It is certain, that his con- 
stitution, already sinking under fifteen 
years of incessant labour, gave way al- 
most immediately after. In the course 
of the following year» he was obliged 
to retire from all bis judicial employ- 
ments, and died on the ISth Decem- 
ber, 1618. 

The merits of Lord EUenborough 
have been described as consisting in 
** long and painful study^-i^ vigorous 
and manly address— a strong discrimi* 
nattng judgment— an utter contempt 
of feai^-«nd a bold and nervous elo- 
quence, that scorned to stoop to em- 
bellishmenu.*' He was married early 
in Ufe to Miss Toury, a descendant of 
^ir Thomas Moore, by whom he had 
three sons ind three daughters. There 
is a fine portrait of him by Sir Tho- 

Sia Saiiuxl Romillt — A legal 
character, at least as emiiient, ana in 
many respects materially difiering from 
the above, this year terminated his 
career. Samuel RomSly was entirely 
the architect of his own fortune He 
was sprung from a fomily exiled from 
the South of France by the operation 
of the edict of Nantz. His great 
grandfather, in adherence to his reli- 
gion, had sacrificed not only his coun- 
try, but a large property which he pos- 
sessed near Mootpdier. TheRoDMllya 
settled in thepjirish of ^t Anne^ Solio, 

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a anirlcr thtn hmbm aa tbc vtora^ 
tAOD o£ refugeef bom 9JI parts of tbe 
workL Have hit father earned oa 
with eucceit the trade of a jeweller^ 
bj whieh he aocmnulated a little ibrw 
tune. Samnely the Touagest of aiae 
children^ only three of whom reached 
the affe of mataritf , was horn on the 
1st Matdi, 1757. From the first, his 
misd was directed towards the law ; in 
preparation for which, he wrote for 
some time with a friend in the 8iJt 
Clerk's Office, in the Court of Chan- 
cery. He then entered the Inns of 
Coarti after completiae his studies ia 
which^ and being called to the bar ta 
1783» he made his ekctioa for Chan? 
<ery practice. In the course of a shoit 
tine he was viewed by the disceraioff 
as a rising man ; hut the established 
fame of Mr Scott, now Lord Eldoa, 
and of Mr Mitford, afterwards Lord 
Chancellor of Ireland, kept down from 
extensive practice all younger compe* 
titors. The kte Marcjuis of Laasdown 
was the first great man who took no- 
tice of young Romilly } and at his 
house in Wiltshire, he first saw Miss 
Garbett, (of Knillcourt, Hereford- 
shire^) for whom he conceived the 
atrongest attachment, and afterwards 
married her. His constitution, worn 
out by hard study* obliged him to un- 
dertake a tour to Switzerland and the 
South of France, where he vbtted, not 
probably without some emotion, the 
abodes of his ancestors. 

Mr Romilly^ returning with impro- 
ved health, applied to business with 
fresh ardour ; and on the promotion of 
Scott and Mitford, soon rose to the 
first practice at the Chancery bar. In 
179B he was united to the object of 
hb afiectioos. We have seen contrary 
atateoaents relative to the previous du- 
ration of their attachment. Somerepr^ 
sent it as lone« and add, that he stated 
•to his future bride the inpossibility of 
their union till he had made two for- 
tunes, one for his parents, and the other 
for her* The accoums^ however, seem 

toon authentic^ vraieh lepieseat tfa^ 
father as iadepeodeott and tha n imUu g 
ta hsm taken place oaly ia the year 
preceding the ooarrtage. Tbe happa* 
ntis arising horn din unioa it but toi^ 
folly atteMd by the httl orcaasitaa*^ 
ces that i^ended its dose. 

Mr RoauQy, haviaguaifbrmly pnK 
fessed and adhered to Whig pn»ciple% 
on the accession ta power of the Fok 
and GrenviUe party in 1806» was apt- 
pointed SoHcftor-<]ref»ral,and recei v ed 
the honour of knighthood. His oon^' 
duct was always consistent with hia 
principles ; and it was remarked, that 
prosecutions rdative to the press were 
never so rare as during his admiaisir»- 
tion. He was appointed a manager of 
the trial of the late Lord Melville^ 
]Bvhich he conducted with great abiMty^ 
though he failed in his €^cu About 
the SMne time he commenced his series 
of efforts to mod^ the £nfflish legal 
code, which still bore mai^s of Uie 
rude ages in which it had derived its 
origin. His first object was to aanid 
that unjust prindpk of tbe feudal sya- 
tem, by which the freehold esUtea of 
those who died bjiakrupu were nsade 
not liable for their debts. Although 
he shewed clearly the extreaae hard- 
diips sustained in consequence of this 
law, yet the pnjudice agaana^ hmo- 
vation, and the intarests of the landed 
proprietors, caused it to be rejected at 
the third reading by a sasaU majarity* 

In 1 807, the codttion ministry went 
out of power, aad Sir Samuel returned 
again to a private stttioa. Being aoWf 
however, fully established as wi&out a 
rival in Uie Court of Chancery, he was 
ia the enjoyment of a greater inoeaie 
than any other iodlridual «i the pro* 
fession, except the Lord' Chancellor. 
We have understood that he drewnp- 
vrards of 16,006^. a^year. l^e l^oiir 
by which this sum Was earned, must 
indeed have been immense, and asiist 
have Implied the Sacrifice of many of 
the enjoyments of weahh. Steady ap- 
plication, quick conceptiony and the 

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fxecnte ity without evaa the sacrifict 
•f kiattfiatoralfitnctioiit* Sometimtti 
indeady the catet on his tabk ikxwihk 
iated to auch alntp^ that he waa ob* 
liged to doae hia doora for m time, till 
themaaawaadiminiihed. Lord EldoiH 
it ia aasd^ whose only fauk was too 
much of contcientioua bentation and 
indecia ion ^ displayed these qualities in 
a pecvliar degree, wheoevtr it appear- 
ed to him that Sir Samuel's real opi-^ 
Dioo waa opposite to his own* 

Thia immeDse pressure of private 
fayaineta never abated the diligence of 
Sir Samuel'a attendance on hb paiv 
Haoientary dutiea. In the House, he. 
•pimred alwavs aa a party man ; and 
it ia remarkablet that, though the 
ground he took waa somewhat violent, 
and what may be called ultr»- whiff, he 
never lost the personal esteem and re- 
gard even of his moat decided antago- 
niata. Thia circumstance, which, to 
the degree that it took place io him, 
may be considered as almost unique, 
yrobably ia to be ascribed to the 
perfect conviction entertained of the 
pwky of his motives, to the absence of 
any personal antipathiea on his own 
party and to a chastened suavity of 
manneraf which prevented him from 
.ever running into rude and intempefate 
iavective. He spoke on most subjects ; 
but hta favourite topics, and thoae 
asually introduced by himself, consist- 
ed in plana for mitigating the severity 
of. the criminal law, anid placing it on 
a more rational and consistent footing, 
ypon one leading point, which wul 
be found debated in the present vo- 
' lome, he succeeded ia ultimately uni- 
tmm the votea of the Commons, though 
in we Upper House the prejudice a- 
gaiaat innovation atill prevented its 
adoptioa. Of hia oratorical powers, 
. the foUowiog observattons» wluch ap- 
peared at the time, aeem to form a &- 
vo^tabky yet candid estimate: ^ Who, 

by any pntstkej bv aay kidttitvy> ho w- 
ever laboriousf shaU attain that degant^ 
that refiaed, that perauasive, yet at 
tioDea that aervoua and forcible elo- 
quence, in which he haa never been ex- 
ceeded, I 4<Hiht if ever equalled, by 
any lawyer in any age* la transacting 
the most ordinary Inisiness, there was 
a peculiar grace about his manner— 
a geotlemamy e ase - a n unpiieaumin^ 
suavity, that won the hearts of all hia 
hearers. His most graceful sentences 
flowed from his lips without poqip or 
ostenution, aa if the words he uaed> 
however apt and forcible, dropped aa* 
turally and inartificially into tneir pla- 
ces, without the application either of 
will or memory. In Parliament^ he al* 
waya took up a subject on the broad- 
est grounds of pubbc policy, and em* 
braced the most extended views of iu 
causes, consequences, and bearings; 
his mind could never descend to litU6» 
nesses ; and in his practice at the bar, 
he much oftener took his stsAid upon 
principles than upon precedents ) or 
m referring to the latter, he seldom 
failed to ahew how far tbev were 
esublished upon the former. He was 
by no means always equally forcible ; 
and though extremely energetic when 
roused and warmed by his subject, 
there was at times in Parliament a 
feebleoeaa of voice and language, part- 
ly to be accounted for by the easy con- 
versational mode in wmch business is 
conducted in the Court where he prac- 
tised ; this gave him in some degree a 
carelessness of phraseology, and an ir- 
regularity in the construction of his 
sentences, aided by his obvious dis^st 
at any thine approaching ostentatious 
pretence. I do not think that' he waa 
remarkable for a logical or lucid ar- 
rangement of his subject, nor for any 
. artilce, common to practised speakers, 
. of putting his stronvest points in the 
strongest phees. Wnen answering an 
opponent! I have often felt that he 

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mdf erted 16 the trgumenta in a mtnnet 
too desultory,— just as they presented 
themselves to his recottection.** 

The indefatigable eiertions of Sir 
S. Romilly received, during this year, 
a reward to which they appear weQ 
entitled, in obtaining, by a great ma- 
jority, his election as member for 
Westminster. Since the death of Fox, 
that great democratic body, not al* 
ways very select in its favourites, never 
made a choice more creditable to it. 
He was dected almost by acclamation, 
without trouble, ex pence, or solicita- 
tion on his own part* He was never 
destined, however, to appear in Par- 
liament with the additional lustre de- 
rived from this character. We pass 
rapidly over the awful catastrophe 
which is still fresh in the memory of 
the public, and is recorded in another 
part of this volume. The case appears 
to us to be one of decided insanity. 
Those seem to wrong his memory, who 
represent the fatal deed as arising mens 
ly out of extravagant grief. Accord- 
ing to authentic accounts, he appears 
to bate been conscious of approaching 
alienation of mind, and the dread of it 
to have become his ruling feeling, has- 
tening perhaps its own accomplish- 
ment. The immense labours to which 
his mind had so lon^ been subjected, 
could not fiiil somewhat to shatter its 
powers. His constitution had never 
oeen vigorous, and notwithstanding 
his temperate mode of life, never equal 
to the fatigrues it underwent. Of late, 
his person had become thin, and his 
countenance pale and hectic. Under 
these circumstances, his mind might 
have gone on in a smooth and regular 
current of employment ; but any vio- 
lent shock, such as that experienced 
from the loss of a partner so justly dear 
to him, could not fail to be perilous. 
The very prospect of resuming, in so 
agitated a state^ the accumulated ar- 
rcar of employment, might easily prove 

too heavy a burden for his weakened 
mind. The htnl event took place oa 
the 2d November, 1818, in the S^d 
year of his age. It followed so quick- 
ly the death of Lady Romilly, that 
her funeral was stopt by express, and 
they were buried in the same grave, at 
the seat of her ancestors. Six sons and 
one daughter survived him. 

Mr Rose.— -In the bu^ness of every 
administration, there is a great deal of 
laborious second-rate work, which can- 
not be conveniently executed by the 
highest class of statesmen. The bold 
and comprehensive plans which they 
are called upon to form, require talents 
and habits very different from those of 
minute calculation and patient inquiry* 
A laborious man, therefore, whose dili- 
gence and accuracy can be depended 
on, is an important acquisition to every 
administration. Such a one, who does 
not venture much into the high debate- 
able ground of political contention^ 
may survive many ministerial shocks, 
and may recommend himself, without 
discredit, to cabinets differing consi- 
derably in their political aspect. Such 
an assistant was found by Mr Pitt in 
the subject of the present memoir, 
who, with the exception of two short 
intervals, continued, during forty, or 
even fifty years, a sort of ministerial 
fixture, carrying on the routine of pub- 
lic offices, with many useful plans and 
objects of a subordinate nature. 

George Rose had the merit of ha- 
ving raised himself by talents and dili- 
gence, from a very humble situation. 
He was bom at Brechin, on the 11 th 
June, 1744, and was the son of David 
Rose, a nonjuring Episcopal clergy- 
man, belonging to a class proscribed 
on account of their attachment to the 
exiled house of Stuart, tn conse- 
qiience of the unpopularity of his prin- 
ciples, Mr Rose found himself no long- 
er possessed of income as a dergymaui 

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wd WB$ obliged to Mek a letiity sob* 
Mstence by other means. In this ne- 
cessitous state of the family^ young 
George was taken by an uncle^ who 
kept an academy near Hampstead ; 
andy that he mignt do sonoething for 
himself as soon as possible, was put 
into a surgeon's shop. This employ- 
tbtnti however* was not agreeable to 
Ids taste ; and he soon had an oppor- 
tunity of changing it. The £aii of 
Marchmont, a Tory nobleman, esteem- 
ing the hther, and pitying him for suf- 
£erings in a cause of which he appro- 
^ed« made him tutor to his son ; and, 
at the same time, procured for young 
JLose an appointment on board a ship 
of war. Here, the situation of purser, 
to which George soon attained, en- 
aUed him to display his qualities of ac- 
tiTity, industry, and punctuality, in so 
extraordinary a manner, as to attract 
the notice of the Earl of Sandwich, 
then at the head of the Admiralty. 
After occupying several subordinate 
fituationa in the public offices, he was 
appointed keeper of the records, for 
which his qualifications were entirely 
suited. The confused mass of papers 
which filled this office, were by him 
arranged and classed in such a manner, 
that any one could be found immediate- 
ly when wanted. This achievement 
was attended with such extreme con- 
venience to ministry, that it attracted 
the particular notice of Lord North, 
and established Mr Rose as the mum 
whose services were to be resorted to 
for all such systematic and laborious 
work. In I767» he was appointed to 
complete the Journals of the House of 
LfOrdsy in thirty-one folio volumes^-* 
a laborious and creditable operatioUf 
for which he received a very handsome 
turn. Mr Rose, from this time, found 
regular employment in the public of* 
fices ; but it was not till the Pitt and 
Dundas administration that he was 
raised to the higher seats of adminis- 
tratioo» He was then appointed joint 

•ecreUry to th6 treaiufy^ and intro- 
duced into that important department 
his habits of order, of regularity* and 
careful attention to details. His,vigi« 
lance superintended all the different 
boards connected with the revenue, 
and kept them continually on the alerts 
Trade occupied also a peculiar share, 
of hit attention ; and no man was more 
intimately acquainted with its facts 
and details ; though he does not seem, 
to have reached those sound and conv-, 
prrhenstve views which were familiay^ 
to Mr Pitt. Amid a variety of deli-*, 
cate employments, no charge was ever 
made against bis integrity, except onct 
which appears quite groundless. In 
March 1792, he was accused in Par- 
liament of having obtained for one 
Smith the remission of an excise pe« 
nalty of SOL in consideration of his 
supporting Lord John Townsend's 
election for Westminster. It appear- 
ed, however, that he had merely re-» 
mitted the petition to the Board of 
Excise^ who rejected it, and levied the 
fine. Smith had afterwards employed 
himself in detecting^ false votes against 
LK>rd John, for which he was reward- 
ed in the usual and authorized man- 

On the elevation of Lord Sidmouth, 
Mr Rose retired alonff with Mr Pitt i 
and afterwards joinea along with him 
the ranks of opposition. Returning 
to office at his return, he obtained a 
great accession of honours and emolu* 
meats. He became first vice-presi- 
dent» then president of the Board of 
Trade, afterwards treasurer of the; 
navy, with a salary of 400(V. a-year., 
On the death of Mr Pittf and the ac- 
cession of the coalition admin is tration^ 
he went into the ranks of opposition. 
After the fthort career of this ministry 
was over, he returned to his former 
place, in which he continued till his 

It would be endleft to enumerate 
the ^ariov* appearances made by Mr 

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m Edinburgh aknual regi8t£r, i818. [Csa». i. 

Rose in Parliainefit. His naiii topics 
were revenue and trade; whicli» with 
the natural feelings of a minister^ he 
was always dispoMd to place in the 
most advantageous li^ht* But he de- 
aerres particular praise fof the zeal 
with which he enga^ in plans no waf 
connected with ministerial influence) 
and having for their sole object to 
improve the condition of the indigent 
classes of society. He gave his full 
support to friendly societies and sa- 
ving's' banks ; and introduced laws to 
encourage and secure the property of 
these establishments. In questions re* 
lating to the com laws» he usually 
took part with the people against the 
landed interest. The plans for taking 
lip the population were carried on un- 
der his auspices. 

Mr Rose, pretty early in life, had 
married a lady connected with the is* 
land of Dominica ; and, as her sisters 
lived at Southampton, this circum- 
stance probably swayed him in the 
purchase of the estate of CufFnels, 
finely situated in the heart of the New 
Forest, vrith a view of the sea. He 
sjpared nothing in embellishing the 
house and estate ; and, through the lo- 
cal influence thus afforded him, obtain* 
ed the command of the burgh of 
Christ-church, and partly of that of 
Southampton. He had a large and 
fine family, of whom he said before 
his death, that ** they had been a bless- 
ing to him duHog a long series of 
▼ears, and had never caused him one 
hour's pain.^ His habits were regular^ 
economical, and temperate $ and the 
greater part of the evening as well as 
morning, was devoted to his official 
duties. His speeches, which were fre- 
quent, made no pretensions to elegance, 
but consisted merely of plain facts, 
plainly stated. He attained a great 
age with little apparent diminution of 
Tigour I bnt died, after a short illness^ 
stCuffnels,on the ISth January, 181&, 
in the 75th year of his age. He kft 

his nmrily amply pit>vided fbf. Amohg 
other bequests, he leaves to his eldest 
son George fitt Rose, ** a walkhig- 
cane, which belonged to his godftther, 
the Ute incommireble Right Honour- 
able William Pitt, whose memory wtt 
always be dear to me as long u my 
own endures,— it has the crest of that 
ereat man, set in gold, on the head af 
It.'' He directed also ten ihiUings to 
be paid to each of the neighboariag 
poor who should attend church oq the 
Sunday after his death. 

Mr Rose was the author of a coa* 
siderable number of writings^ whidi* 
however, consisted chiefly of pailia* 
mentary speeches and small political 
tracts. Under the direction of the 
House of Lords, he superintended a 
superb enmved edition of Domesday 
Book. On the publication of Mr 
Fox's History, Mr Rose wrote obser' 
▼ations upon it, which were prompted 
partly by a dissent from some of the 
political views contained in it, aad 
partly by a wish to clear some clnrges 
brought against Sir Patrick Hume» 
ancestor to the great friend of his &- 
mily, the Eari of Marchmoht. The 
political opinions of the work, though 
in some respects opposed to those of 
Mr Fox, were considered liberal, con- 
sidering the quarter from which thejr 
emanated. The most important of his 
political tracts was a Letter to Lord 
Viscount Melville, in which he op-* 
posed, as too expensive, and not abso- 
lutely necessary, his lordahip*s plan of 
a new naval arsenal at Nor^fleeC 

Pbilip Francis was the son of a 
most respectable clergyman, a native of 
Dublin, who, about the year 175(V 
settled- in the county of Surrey, vdiere 
he established an atedemv, which was 
frequented by a distinguished class of 
students. To the public he is ad- 
vantageously known by the transh* 
tion oif Horace, which ranks still as 
the standard one $ andahoby a traas- 

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latioa of the OtatioDS of Demotthenes. 
He had the honour of assisting in the 
education of Gibbon and of Fox. 
Having^ had considerable connexion 
with mimstrj, and been even emploj- 
ed in some delicate negociations, hit 
ipa Philip was early employed in the 
goTemment offices. In 1756» at the 
H^re of 16, h6 obtained a place in the 
^ce of Secreury of State, then held 
by Mr F0Z4 afterwards Lord Holland* 
He retained the same situation .under 
Mr Pitt» and is even said to have acted 
as anniuraensis to that great statesman, 
for whom he always expressed the pro- 
fottndest veneration* Being appoint- 
ed private secretary to General Bligh, 
be witnessed the expeditions to Cher' 
borg and St Maloes. In 1760 he be<* 
came secretary to Lord Kinnoull, then 
appointed ambassador to Portugal. 
On hia return borne, he received an ap« 
pointment of considerable importance 
m the office of Mr Ellis, afterwards 
XiOrd Meodip, then secretary at war. 
He had here the opportunities of ex- 
tensive intercourse with public men ; 
and it was here, in the opinion of those 
who identify him with Junius, that he 
wrote the letters bearing that celebra« 
ied signature. Mr Ellis, however, be- 
ing succeeded by Lord Barrington, 
Mr Francis, dissatisfied with the treau 
aoent which be received from that 
nobleman, resigned his appointment 
in March 1772. He then undertook 
an extensive tour on the continent, 
visiting Germany, lisliy^ and France t 
and it is remarked, that during all 
this period Junius was silent. 

About a year after Mr Francis's 
tetum, he received a highly important 
and lucrative appointment* He be« 
camct along with Colonel Monson, 
General Clavering, and Mr Barwell,' 
a niefliber of the council appointed to 
control Mr Hastings; to which of- 
fice was attached a salary of 10,000/. 
aryear. It is said, notwithstanding his 
diffdfiucefl with Lord Barrinj|^toD,.that 

BobleaMtn ased his interest with Lord 
North to procure him this situation* 
The gratification derived from it must 
have been somewhat impaired, by th« 
reflection, that his father, Dr FranciSf 
did not enjoy his good fortune, but 
had died a year before. 

To narrate Mr Francb's career in 
India, would be only to repeat what 
we have already said under the head of 
Mr Hastings, to whom he opposed 
the oiost constant and determined re^ 
sistance. At length, liaving lost hia 
coadjutors, and being involvad in a 
fruitless personal quarrel with that 
grentleman, he left India, and arrived 
m England in October 1781. Mr 
Hastings, having just concluded tri- 
umphantly the war in India, was 
now restored to full favour ; and both 
ministry and the India-House were 
shut against Mr Francis's complaints. 
Mr Burke, however, eagerly espoused 
them ; and they waited the time when 
the ear of Parliament might become 
more open to inquiry. In 1784, Mr 
Francb having become representative 
for Yarmouth in the Isle of Wight^ 
studied to call the attention of Parlia* 
ment to the a£Fatrs of India. Hia 
views on this subject led him into con^ 
aexion with the leading Whig tnem^ 
hers, whose principles he generally 
supported* He is supposed to have 
displeased Mr Pitt, by exclaiming of 
Lord Chatham, << He is dead, and ha» 
left nothing in this world that resemblea 
him.'' In 1785, Mr Hastings return- 
ed home ; and on the following year 
Mr Burke opened the celebrated im* 
peadiment. He was chkiy furnish* 
ed by Mr Francis, both with his infor- 
mation respecting India, and with the 
grounds ot charge. When Mr Francia 
was proposed as a nuinager of the im«> 
peacbment, Mr Pitt objected to his 
name, as the only one who had a per^ 
sonal quarrel with Mr Hastings. On 
this occasion, his friends boasted with- 
out contradiictiqn, of the high charac^ 

Digitized by 



ter of Mr Fntncitr— lut pore aad no- 
impeached honour,— his natural abili- 
ties, — and eztenaive acquired infonna- 
tion respecting India* But though 
none of these praises were disputed^ 
the House, on good grounds, we thiok^ 
decided against his being a manager. 
It has been supposed by some^ thai if 
the management had been intrusted t^ 
him, the superiodty of his temper and 
judgment to that of Mr Burke, would 
have led to a more fortonate result. 
He acceded, howeTer^ to a formal ap- 
plication of the committee of manage* 
ment, to supply them with all the 
information m his possession, which 
could forward their views. 

Mr Francis, from this time, took a 
leading part in all the debates respect* 
ing India. He stigmatized through- 
out the system of aggrandizement and 
extension of territory in that part of 
the world, which has been so con- 
stantly condemned^ jind so constantly 
acted upon. When the vote of thanks 
was moved to Marquis Wellesley, he 
maintained, that the presumption was 
•gainst every one who nude war in 
India, until it was proved, that such 
war had been the offspring of necessi- 
ty. An inquiry, whether this was the 
case^ ought therefore to precede any 
Yote of thanks. He never ceased to 
prophecy, what has certainly been ful- 
fiHed, that all the wealth of India 
would never afford any surplus to re- 
Here or enrich the British Exchequer. 
At lenorth, on the 10th March, 1806, 
be took a final leave of the subject. 
M He had passed six years in perpe- 
tual misery and contest in Ben^, at 
the hazard of his life, for which he 
appealed to the chairman of the Court 
of Directors: then, a wretched voyage 
of ten oionths, and two and twenty 
years of labour in the same conrte, 
Qasttpported and alone. By eadea* 
▼ounng through all that portion of 
bis life to maintain right againtt wronjg, 
he bid Mcrificedhta repoatt aod forfeit* 

ed dl hopes of Kward or personal ad«* 
vantage ; but now he had taken his 
resolution, and would do ao no oiote. 
He woold never more take an active 
part, much less a lead, in any discus- 
sion of Indian question." 

Mr Francis took a warm interest iff 
the abolition of the slave-trade ; and^ 
on the 11 th April, 1796, moved a 
bill to meliorate the condition of the 
slaves in the West Indiesi On tho 
occasion he bitterly reproached Mr 
Pitt, with giving to the cause only' 
his personal in&ence and orat<»ryt 
without using his influence as a mi- 
nister. On the breaking out of the 
French war, he entirefy coocorrtd 
with Mr Fox and his friends, and join- 
ed with them in becomii^ a asember 
of the society called the Friends of 
the People. On the 30th May, 179i« 
he submitted to that body a plan for 
a reform in the representation, which 
received their approbation* Bein^ 
accused, however, as a votary of urn- 
versal suffrage, he wrote a letter, m 
which he repelled in the strongest 
manner the holding of such an opi.^ 
nion, declaring that he had, on all oo« 
casions, resisted and reprobated it* 
treating it as ** a dangerous chimera, 
set up on purpose to delude the lower 
classes of the people." 

On the accession of the Fox ami 
Grenville party to power, some 
thoughts are said to have been enter- 
tained of sending out Mr Francis as 
Governor-General to India. The ho- 
nour of knighthood, however, was all 
that he received from that administnu 
tion. About this time he vacated his 
seat in Parliament, and gave up all 
concern in public affiursr In 1817, 
however, indigrnation spurred him for- 
ward to make his appearance at the 
meeting of Middlesex fue^olders, and 
protest against the proposed suspen- 
sion of tli^ Habeas Corpus Act He 
was also present at the dinner given to 
AUenDio Wood on his ekctioo is 

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Cn^. 1.3 



Lord Ma^or, ,to whomy on bis hefdth 
,beiqg drunk, he made a highly paoe- 
tgyncal ^pe^ch. 

Sir Philip was fiaally a0ected with 
;a malady oF^the prostrate gUnd, whk:h 
j)roduced a constant trntation, and 
finally proved fatal on the 22d De* 
cember, I8I81 at the age of 78. He 
left a 8on| bred to the Bari and two 
daughters, Mrs Johnson and Mrs 

The point which, of lat^ years, has 
chiefly brought Sir Philip before the 
eye of the public, is the attempt made 
to prove bim author of Junius. We 
must profess, that we judge of this 
question almost solely through the 
abstract of the arguments given in the 
' Edioburgh Review } and public opi- 
nion seems now rather hostile to the 
suppoaitioq. Yet, for our parts, we 
cannot help thinking, that no person 
half so likply has yet been named. 
Surely some stress is to be laid on the 
total absence of any other name at all 
probable. Then come the circumstances 
p£ Sir Philip's life, his presences and 
absences from London ; not to men- 
tion other minute coincidences, which 
we shall not here detail. We are of 
.opinion al^o, that the characteristics 
'or Junius's style have been found in 
Sir F]:ancis. With reference to this 
remiirk, indeed, as well as to the other* 
that none of bis acknowledged pro- 
ductions have obtained one-tenth part 
of the reputation of Junius — it may 
be observed, that they were esteemed 
by those who read them, and that Mr 
Burke called him the best pamphleteer 
of the age. But these effusions were 
of a very different character, and writ- 
t^ on very different occasions,from the 
letters of Junius. They wanted that 
zest of personal anecdote and invective, 
which is'the surest passport to public 
notice. They were on subjects which 
required to be treated in a grave and 
decorous manner, not fording scope 


^o the talent Junius. £ut 
It would really appear, that when an 
occasion is giv^n^ that talent breaks 
forth. In addition to passages else- 
where quoted, we cannot help giving 
the following, which, especially the 
latter part, appears to us strongly Ju- 
nian, and equal perhaps to any thii>g 
of Junius. In reference to Mr Pitt^ 
speech on the slave-trade, he say^ 
*• I have not forgotten that illustri- 
.ous night, when all the powers of his 
eloquence were summoned to the ser- 
vice, and exerted in the defence of 
justice and humanly, when he took 
the House at a late hour, exhausted 
with watching, and wearied, with de* 
bate ; when worn-out attention revi- 
ved at his voice ; when he carried cpn- 
viction to our hearts ; when reason in 
his hand seemed to have no ofiBce but 
to excite the best of passions in our 
breasts :' then, sir, was the time, if he 
had nothing to consider but his own 
glory,— then was the moment for hiip 
to have chosen to retire from parlia- 
ment, perhaps from the world. He 
had arrived at the pinnacle of Parlia- 
mentary honour, and at the summit of 
his f^nie; and there he should have 
quitted the scene. From that moment, 
and upon that station, in mu judflf- 
ment, he has done nothing but £- 
scend.'^ It is true, there still remains 
the difficulty of bis constant denial of 
a perfoimance from which his nam/e 
would have derived so much lustre ; 
and the solution given in the Review 
no longer exists, since he has died 
without owning it. Yet there might 
still remain motives which might r/en- 
der it disagreeable for him to thinkf 
that a work, so entirely personal, 
should be known as his. His last 
years, too, appear to have been spent 
in abstraction from the world, and 
with considerable feelings of disgust 
and indifference to it. All his works, 
whether we include Junius or not, 

Digitized by 



were tlhoMt not of a poUdete, wrfc. 
txDgrfor temporary fttr^oies ttad kiflii- 
«nce t none of them dtscoter any am. 
iRtiofl of literary fame; LaBtly» the 
oatfaOr of JoninsY be he who he may,' is 
BOW) in all human probability, dead, 
and has diedwh^ont confisasiom It 
4oes not then appear that this argru* 
mept can tell heavier against any one 
claimant than againtt another. 

The resident landed gentry of this 
country form a class peculiarly cha-* 
racteristic of Britain, and form a pro- 
minent feature, both in its society 
and legi^ation. Its general aniect is 
respectable, and its influence salutary. 
If It kfibrds Somewhat too ample an ^i• 
lowance of drunken squires and sense* 
lets prodigals, ic redeems these by a 
large proportion of very superior cha« 
lackers. The plain honest country gen- 
lieaiant wh^ revides chiefly on his own 
estate* Dfoves the father of bis tenants 
•nd viUagers, gives an independent 
vote in T^rliament, and promotes all 
patriotic improvements, exhibits hu- 
man nature in one of her most favour* 
able lights* '• 

An&ong these characters, few hold 
a higher place than Gsorgb Dxmp* 
8TKR, proprietor of Punnichen, near 
Dundee, an estate which his grandfa* 
ther had earned by successful trade. 
He received his education first at the 
grammar school of Dundee, and then 
at the University of St Andrews ; tl* 
ter which he removed to Edinburgh. 
Having gone over'the prelimioary stu* 
dies, he was admitted a member of the 
Faculty of Advocates. This is a pro* 
fcssion, in which young practitioners 
usually undergo a long'probatYOn, and 
which, indeed, by younff men of foiu 
tune, is rather assua&ed as an oma* 
mental title thaa a real and serious 
occupation. He availed himself chief- 
ly ot his resid^ce in £dinburffh to 
<nikivata the society of those £sttn» 
^goislied iMBy frf^m whoseintcUect that 

arfc'dertved such lustre. He became 
a member of the Poker Club, asccim 
of intellectual convivodity, instituted 
by Dir Adam Ferguson, near the 
Netherbow. He formed an original 
tnember of the Select Society, torn- 
posed of all the intellectual worthies 
of the last age, and finally matured 
into the Rbyu Society* Havbg en« 
larged his powers and observation by 
making the tour of Europe^ he deter- 
mined to enter into political Hfe. Af* 
ter a very long struggle, which cost no 
less than 10,000^., he wzs returned to 
Parliament for the Fife and Forfar dis- 
trict of burghs, and took his seat on 
the 25th November, 1762. He main* 
tained his place for twenty-eight years^ 
during the whole of wtiich time he 
acted in the most honest and indepen* 
dent manner, siding wi^h or opposing 
every minister exactly as he thought 
his me^ures.condacite 4o the public 
weK&re. Upon this principle he gave 
his decided support to the Marquis of 
Rockingham, and opposed the Ame« 
rican war from beginmng to end* He 
was nominated a Director of the East 
India Company, in opposition to the 
wishes of those who were supposed to 
possess the g^reatest influence there i 
but finding that he could not wean 
that body from its designs of conquest, 
or confine it to the humble routine of 
conamercial employment, he quitted 
it, and became an advocate for an en- 
tire change in our oriental system. 
He dedared on one occasion^ that all 
chartered rights ^ould be held invio- 
lable^ except the single charter of the 
East India Company; but this one 
shtmild be destroyed, for the sake of 
the country, of India, and of huasa-^ 
fiity* ' He wished that the naviga- 
tion of India had never been discover- 
ed, and conjured ministers to abandoa 
all thoughts of sovereignty in that 
part of the world. On Mr Pitt's ac- 
cession to power, Mr Dempster gave 
his cordidsqppoit to that great states- 

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Cup« 1.;] 



Mgniahiiplainfer die r educ ti on of the 
ppblic debtt hb commutation taxy and 
AiA efforts to extend the beedom of 
tmde* WheB» however^ the x|nestiom 
of the Regency came on, he objected 
tOsthe rettrictiont pcopoaed to be laid 
on the Prince of Wales, decknngt that 
the execntiTe thus created was an 
<< uowhtgt uotorjr-likef odd^ aooma* 
lous monster." 

In 1790, at the age of 55, he closed 
his career as a (senator, but whether 
firom choice or from being unable to 
contend with the influence of the Athol 
£unil^^ has been left uncertain. From 
this tune he acted in an humble sphere, 
but where his exertions were perhaps 
more effective and permanently usefuL 
The agriculture of Scotland, and its 
peasantry, were then in a state equallr 
miserable. His own descrtption wiu 
tu£Eu:e. ** I found," says he, ** my few 
tenants without leases, subject to the 
blacksmith of the baronr ; thirled to 
ks miQs } wedded to the wretcJied 
system of out^eU and in ; bound to 
ptLj kain, and perform personal ser- 
vices ; clothed in hodden, and lodged 
in hovels*" . He immediately granted 
leases to his farmers, released them from 
all enforced rotation of crops, and dis* 
pensed with all personal services. Thus 
enconrased by the assurance that the 
fruits ox their industry would be their 
own, they soon improved materially, 
both their own condition, and that of 
the esute* He united advke vrith 
example, to induce the neighbourinflr 
landlords to do the same ; and thou|^h 
he complains of the slowness wuh 
which the impression was made, yet 
it cannot be doubted, that the now 
general diffusion of this improved sys- 
tem took place in a great measure 
throiiffh hinu He improved, more- 
over, bis own property, and instructed 
his neighbours, by draining and ren- 
djcring fertile a ffreat extent of moss ; 
in the course of which operation, he 
discovered a large quantity of marl on 

his grooodi. He built also die neat 
village of Letham, end establisfaed in 
it a manufactory of linen and yarn* 

Besides these private underukings» 
Mr Dempster was the means of aet^ 
tang on foot others on a national scale» 
but in which the prospects of su^cess^ 
and the natural progress of industry^ 
were not so exactly calculated. He 
had long entertainedthe most sanguine 
expectations as to the benefits which 
Scotland might derive from the fish- 
eries on its coasts. Through his ef- 
forts chiefly, a joint stock company 
was formed, under the ptotection of 
Parliament, for promoting this great 
object* The nation was seized with 
a great enthusiasm for die underta* 
king I 5000L came home from Ben« 
ipd, and it was expected that the en« 
tire stock subscribed would amount 
to 150,0(XWL The society then mu^ 
chased large tracts of land at Toberw 
morr, in Mull, and at Ulli^[K>ol, oa 
LochiBroom, in Invemess-shire; they 
erected harbours, quays, store-houses^ 
and feued ground for kMiilding* They 
afterwards added a station in the Isfe 
Skye. Such a great branch of na- 
tional industry, however, was not jto 
be thus formed, especially by the loose 
and profuse management of a great 
joint stock company. In a few vears, 
this fishery was found a very losing 
concern, and the value of its stock 
rapidly £b1L The undert^ees comld 
only console themselves by imputing, 
the failure to Uie breaking o^it of the 
war* Mr I>empster attempted also 
to found a manufacturing village at 
SkitKH on the coast of Caithness, ima^ 
gining that the cheapness of labour 
and provisions would compensate for 
the local disadvantages i but this for- 
ced plant soon died, involving himself 
and his brother in considerabw loss. 

Mr Dempster, while in Parliament, 
had spent part of eyery year in Lon« 
don. This practice be afterwards dis« 
continued, but passed a great part of 

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244? EDINBURGH A{J^^4^ REGISTER, 1818. TChap. I, 

his time at St AQdr^w^.ami4 the scenc^ 
of his youthful studies, wfiere' Be ^i-^ 
jbyed an agreeable literary society* 
and met with his early and respected 
friend, Dr Ferguson. ' Though his 
nfe extended' above the age of 80, he 
ifemained always serene, Cheerful, and 
Active, till 'a severe illness carried him 
off in the ISth February, 1818. 

This year was also marked by the 
death of SirTaoMAS Bernard, a gen- 
tleman whose diffusive philanthrophy 
renders him well deserving of notice. 
His father ^eing appointed governor 
of New Jersey » he received bis first 
education in America, and on his re- 
turn applied to the study of the law. 
His attenti6n was chiefly confined to 
the brahch of Conveyancing, in which 
he obtained a respecltable degree of 
practice. Having married, however, 
the daiiehter of th€ late Patrick Adaii^i 
Esq. he obtained with her so large' 
a fbrtiine, as rendered farther apptica. 
tion to business unnecessary. From 
that time he devoted his attention en- 
tffely to philanthropic plans and pur- 
suits. Britain derives a high and aU 
niost peculiar glory from k class of ci« 
tizens^ who seem to consider them- 
selves as born for the welfare of tbeir 
fellows; who devote their time» their 
thoughts, and their fortune, to that 
single object. She can boast not a 
f^w who have devoted their lives to 
the relief of the unfortunate ; but the 
fiubject of this memoir is perhaps the 
only oi^e who has embraced e/jually 
the highest and the humblest objects: 
who has at once studied to exalt and 
improve the most elevated classes of 
abciety^ to relieve and instruct the 
lowest ; and who has been equally suc- 
cessful in both pursuits. 

The first object, to which Sir Tho- 
mas directed his attention, is perhaps 
the only one the felicity of which m^ 
admit of some controversy. Having 
^distinguished himself as one of the go- 

veniors of th^ Foundliiig Hofltpjt^l, he 
was elected its treaiBtirer^ to whiidi of! 
fice an elec;ant apd comfortable resi- 
dence is attached ; he held this place 
for seven rears. In 1796, with the 
support ot the Bishop of Durham, 
Mr Wilberforce, and other eeotlemen, 
he founded the ^* Society for better- 
ingr the condition of the poor." Its 
mam object was the instruction of the 
Ipwer orders, among whom it was the' 
means of diffusing a large mass of use-, 
ful information. His next achieve- 
n^ient was the foundation of the Royal 
Institution, which has contributed so 
ihuch to tbeintdlectual improvement of 
the metropolis. In 1810, it obtained 
tbeKing'&charter ; an extensive fibrary, 
and most valuable philosophical appa- 
ratus were formed ; and a succession 
of the most eminent literary men have 
filled the office of lecturers. We need 
only mention Sir Humphry Davy, 
who^^ greatest discoveries have been 
facilitated by the command of instru- 
ments, with which he was here sup- 
plied. This institution has served also 
as an impulse and a model to similar 
establishments, both in the metropolis, 
and in other parts of the kingdom. 
With this he combined a literary club, 
called the Alfred, which still subsists, 
though it is said to have assumed more ' 
of a convivial character than was at 
first intended* 

Descending again to the lower clas- 
ses, Sir T. studied to obviate the want 
of church-rooni for their accommoda- 
. tion in the metropolis. Wi^h the con- 
sent of the rector, he established near 
Broad Street, St Giles's, a free chai- 
pel, with two schools attached to it. 
I^pon this was afterwards grafted the 
society, called the Chapel Benevolent 

In 1^05, Sir T. directed his views 
to the* improvement of the fine arts. 
He sketched the plan of the institution 
called the British Gallery, having in 
view at ooce the exhibition of the pic- 

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CkAP. 1.] 



tures of linnff artists for sale^ and those 
of the old school for inmroyemeDt an4 
public gratification. This institution 
has completely fulfilled its object^ ana 
has continued to flourish during a long 
series of years. 

fiesides these more prominent ob; 
jectSy it is understood that there has 
scarcely been a recent benevolent pn* 
^ertal^ing of which Sir, Thomas was 
not eitherin the front or the rear. The 
plans for extending Taccina(ion->for 
stopping the progress of the typhus^— 
For instructing the blind;, — the propo- 
sition made to Parliament relative to 
children enaployed in cotton factories, 
and the sweeping of chimneys— are all 
said to have originated in the same 
garter. His last e£Fort was made tcf 
procure a repeal of the salt duties^ th^ 
hardships of which^ especially on the 
poor, he clearly pointed out in a pam- 
phlet on the subject, which has been at 
least the means of procuring sonie mi- 
tigatioQ of their pressure. His efforts 
on this occasion are sin>pose^ to have 
'shattered his constitutiooy and affg^ra- 
vated a dropsical affection, which^ 
on the Jst July, 1818, terminated in 
death) when Ke had nearly completed 
the 6dth jear of his age. He was 
twice married ; and in one of his works 
has warmly panegyrized his ^st wife* 
io whom he was fondly attached. 

^ In f'lance this year^ also died BxR- 
TRAND DB MoLtYiLhKf a Statesman of 
some note. Previous to the Kevolu* 
tioQ^ he held the oifice of Intendant 
of Brittany, and was employed along 
with the Count de Thiard> to dissolve 
^he Parliament of &ennes. This ope- 
{ation occasioned a rising of the youth 
in defence of the Parliament! in which 
EfeMoleviile narrowly escaped with his 
life. He then repaired to Pari^« and 
tiaving strf f^uously ^{ioused the cause 
ofiiis uafpr^onate monarch, was^in Oc« 
tdber , jiy^ai^ Mpinted. .JjIiwtCT of 
the Marme. Beuig odiousy however» 

lo the majority of the Assembly, he 
was violently denounced as havin^^ de« 
c^ved the Legislative Body »and having 
employed aristrocrats in the expedition 
to St I)omingo. On the IDthpecemr 
ber he made a speech, in which h^ 
planted in lively colours the disasters 
of tlve^ coloniesi traced their origin tp 
the friends of the negroes, and poipted 
out the means of remedying them. 
Notwithstanding the boldness of this 
speech, it was on the whole favourably 
received. In January 1792, he was 
accused by a committecj of allowing 
abuses io the establishment at Brest ) 
out after long and tumultuous debates^ 
which lasted for several days, the As- 
sembly decreed, that there was no 
ground of charge. Next day, how- 
fver, his enemies had infiuoice to pro- 
cure a decree, that observations on his 
conduct should be presented to the 
^ing ; and Herault de $ecl)elles was 
entrusted with .this species of denun- 
ciation, ^^e ICing replied, that he 
^ill gave his confidence to M. de fier- 

end ; but this answer raised snch a 
ment in the Assembly, that the mi- 
liister himself chose a few d^ys after 
to cive in his resignation. Retaining 
still, however, the entire <;onfideBce of 
Louis^ he was entrusted ^ith the con- 
fidential d^e 6f watching the mptions 
oJF the Jacobin p^rty, s^nd di^ppsin^ the 
Koyal Guard anff sections ifi.^voiu' of 
thecrpwn. If eo&red diflerei^t plans for 
escape ,which were not accept^. A/ter 
the tatal 10th of Augyst he >f^s prpse- 
cuted, and with gr^at difficuUy m^de 
his escape out of Prapce. He with- 
drew to London, where he es|ablished 
his residence. Here he wrote j^nmlg 
pf the Freqch Revolution in fiine oc- 
tavp volumes, which, thoi^h aoqie- 
what prolix, were considered faithful, 
and dre^ a good deal of attention. He 
pubUshed also some cpi^respondence 
with Mr Fox op the subject of the 
Apnahffoid MtCP^ other ^orks, which, 
with tnose now mentioned, were trans* 

Digitized' by 



lated into Eagliih by R. C DiUat, 


Tliit year terminated the Ufe of ae- 
ireral of the actora in thoae great mili- 
tary events which ktcly agitated En* 
rope^ and turned the tide of its fbr« 
tunes. None took here a more ooospi- 
cuoos party or attracted a greater share 
of the admiration of mankind* than 
PLATOFF,theCossack chief. Without 
this singular equestrian foroC} forming 
the first light cavalry in the world, the 
Russian armies would often be a huge 
unwieldy mass, which might fight a 
bs(ttle with desperate energy, but could 
not occupy a country, or carry on the 
Btovements of an extended campaign* 
All their energies, however, were never 
ftiUy displayed tiU they fought on Rut: 
siaasoil. The enthusiastic zeal of Pla« 
toff, their chief, against the French in* 
vaders, is attested by the memorable 
proffer of his daughter in marriage to 
the captor of Buonaparte, be he who he 
raiffht. It was by the efforts of Platoff 
and his soldiers that Moscow was render- 
ed absolutely untenable for the French 
army. Their clouds completely en- 
circled that capital ; men, horses, can- 
non, every thing that straggled, every 
thing that came out in the shape of de* 
tftohment from the French army, was 
lioaost inevitably twallowed up. It 
1m» been calculated, that during the 
otowpation of Moscow, upwaras of 
90^000 men disappeared - wiUiout a 
bkys^A When the ittvading army began 
itcfiaal retreat, the Cossack hmrra ae- 
wr ceased to retoond behmd themu 
The enemy at first had somewhat the 
start I but at Kolotsk, Platoff, with the 
light troops under Miloradovitch,canie 
up with them, and cut off at Viasnm 
and Doroghobuc a considerable por- 
tion of the rear guard. Platoff acted 
ako a conspicuous part at Krasnoi, 
where the Russians, having blocked 
up the passage of the French army, 
sutceeddd io ««t|ing off a large dt* 

tachment of the rear, under Marshd 
Ney. At Dombrowna, he took pri- 
soners a body of 3000 men, wluch had 
escaped from KrasncN. HenowbstaU 
account of the numbers taken, merely 
making the average estimate of 1000 
a-day. la rfiort,it is duefty to Platoff 
and hit Cossacks that we are to ascribe 
the almost total destruction of the 
French army in tlus fiital retreat. In 
the triumphant and unresisted march 
through Germany, Platoff and hii 
Cossacks formed the advanced guard« 
The pitched battles of Lutzen, Drea* 
dea, and Leipsic, were not so favour- 
able to the dis|^y of their peculiar 
qualities. When the war, however, waa 
tnmslerred into France, they perfbmw 
cd in a superior degree the services pe« 
culiar to light troops, and obviated al- 
most all the disadvantages of aakxog 
war m an enemy's country. They 
secured the subsistence of the army,-^ 
kept up the communication between 
its different corps,— and held the ene- 
my, and Paris itself, in perpetual alarm. 
The French bulletins reproached them, 
perhaps with some reason, for their 
habits of plunder, declaring that many 
of them were kxsded vrith gold and 
jewels, and had dght or ten watchea 
a-piece. It does not seem, however, 
that they could be blamed, when they 
occupiea the F^ace of Fontainbleau, 
for carrying off the horse-cloths frost 
the impend studs. During this cam- 
pai^, an incident happened, of whick 
an interesting account is given by a 
foreign writer, an intimate friend of 
Platoff: ** He heard, that near oae of 
the spots destined for pillage, might be 
found the residence of Thaddeus Koa- 
dusko, late General of the Poles, who 
lived there in the occupation and se- 
clusion of a peasant. Platoff dispatch- 
ed a party of his Cossacks to protect 
the person and property of that great 
man, once the adversary of three in- 
vading soverei|^os, but now even more 
ilhistnoas ia hisobscurityt than at tk; 

Digitized by 


Cbap. 1.3 



lietd of hkaatsoHtttaa troQpt. ,,Kot« 
ciusko and Pktoff met; it was the 
embrace o£ two hearta as honett a« 
brave. Whea Platoff related the inci* 
dent to the narrator of this paragraph^ 
it was with more than one tear in his 
eye ; and precious are the tears whick 
are drawn by the admiration of virtue* 
He knew how to value Kosciusko^ 
for he knew that he had not only de* 
fended his country against a press of 
foreign usurpation^ but had refused 
wealth from the late £mperor Paul, 
and twice rejected the throne of Po- 
land fron Napoleon Buonaparte. Sji^ 
ther than receive a pension from the 
enemy of his cotmtry, or be the crawn<« 
ed sateUtte of any emperor upoa earth, 
be retired to a miserable vdlage^ and 
ftd himsdf on bread and water/' 

The fiitigrues of these successive 
oampaignsy Uiough probably un&lt at 
the moment by the aged hero, made 
a deep inroad on his constitution. Af- 
ter toe stimulus was over^ exhaustion 
was deeply felt ; and in the course of 
the present year he f^ a victim to ic 
at Novotscherkasky the Cossack capi« 
tal. A few months before, Alexanaer 
8cherbatoff» his second in command* 
had died* also a distinguished officer^ 
and in the meridian of life* 

General Barclay vw Toixi was a 
German %y birth, but evteied early in* 
to the service of Russia»andgradudiy 
rose td the Irighett commands H» 
irst appearance im history is at the 
battle Of Fvlkmkf which itnmedtatcly 
followed Buonaparte's invaiBion of Po« 
land, at the end of 1806. On this oc- 
«ttion» he commanded the vanguard^ 
under General Benningsenjand first re^^ 
eeived the attack of the enemj. The 
onset was made, however, with such 
superior numbers, that the Russian 

Sneral was at first obliged to fall 
ck upon a battery, which, opening 
i^n the l^rench, arrested their oro- 
grttsv and gate time iiU Genend iBen« . 

ningsen qboe up; tnd Napohoii Ar 
the first time sustained arepulse, which 
checked his career duringa few months. 
General Barclay de ToUi seems to 
have raised his reputation considerably 
by his conduct in this war^ for in the 
great caQ4>aigB of 1818, we find him 
commanding the right or principal 
wing of the Russum force stationed tu 
Poland. Here he had to withstand the 
first onset of that immense army, com* 
posed of the accumulated troops of 
the whole continent of Europe, with 
which Buonaparte was preparing to 
overwhelm Russia. In such circunru 
itances, retreaft seems to have been the 
only choice left to the Ruasiap geae* 
sal} and it, was rendered atiU move im« 
perious by the rapid movements of 
Napoleon, separating his part of the 
army from the left wing under Baj^pnu 
thk>a. Barclay de ToUi, there&ep 
abandoned his fortified positions oa 
the Niemen, and letieated, first upon 
Witepsk, and then upon. Smolensk, 
where the separated parts of the army 
were again united. Smoloisk was a 
very strong position, and had been for-* 
tified.with extraordinary care, being 
generally considered as the bulwark <? 
Moscow, which capital, ic was 8up« 
posed, mnst follow the fate of Smo* 
lensk. It was expected, therefore, that 
-a general battle would be hazarded 
for its defence* The Rnssiasi genOi#. 
ral^ howerer,<«ontei]ted .himself witk 
throwing into die |dace a deUchoieat' 
of 86^000 «ieo^ which kept, tip tbcir' 
oommuniealkniaiid received reinforto* 
ments from the main army. Buont* 
parte iflomediately began the attaok, 
which continued with great obatiqa^ 
throu gh the whole £y, till in the 
e^remng the towa beingoa fire, was eva- 
cuated by the Russians. The Frenok 
bnlletins censured Barclay de Tolli for 
not hazarding a general battle ia this 
strong position, wUch they represents 
ed as t ne last ctmnce of preventing-, 
the advaobe of It^apqleoa to. Mosooiw, 

Digitized by 




Thtf added, tbat the Emperor Aler- 
atider had given orders to defend Smo- 
lensk to the hi»t extremity. We have 
starcely materials of judging upon this 
Question, and are naturally led to be- 
lieve it at least fortunate, that Buona- 
parte v^ras by any means led to plun^ 
farther into the interior of Russia. It 
i^ certain, however, that the chief com- 
mand was soon after transferred to 
Kutusoff, whose splendid successes se- 
cured its continuance during his life. 

In the following campaign, Barclay 
de Tolli was not present at the battle 
of Lutzcn. Having arrived, however, 
at Bautzen with a reinforcement of 
14,0D0 men, he took the command of' 
the right wing of the Russo- Prussian 
army. In the battle of Hochkirch, 
the enemy directed all his efforts to 
turn this wing, and by the general su- 
periprity of ms numbers, was enabled 
to bring against it so overwhelming a 
force as at length obliged it to give 
way, and the whole of the allied army 
was thus finally obliged to retreat, 
though in excellent order. No blame 
seems even to have attached to the 
Russian general on this occasion ; yet 
repeated misfortune seldom fails to 
create a prejudice a^inst an officer; 
and we do not find him henceforth in- 
vested with any such high command. 
A Russian general, however, docs not 
scruple to c^end from a higher to a 
lower station s and we find him re- 
peatedly commanding the reserve of 
the army during the French campaign. 

Barclay de Tolli held the titles of 
Prince and Field- Marshal He died 
at Interburg in Prussia^ on the 25th 
May, 1818. 

WiNziN GBRODB was another Rus- 
sian General, who acted no inconsider- 
able part in the great continental war. 
The first high command with which 
he appears to have been invested, wag 
after the occupation of Moscow by 
Buonapsftei when Winziogerode^ witn 

40,OftO men, was stationed to the north 
of that capital, covering the road to 
St Petersburgh. In this situation, he . 
took an active part in harassing the 
eticmy, and contributed to make him 
abanaon his hopes of Russian conquest, 
aud determine upon retreat. After the 
evacuation of Moscow, agarrison was 
still left in the Kremlin, winzingerode 
made himself master of Moscow ; then 
anxious to prevent the effusion of 
blood, he advaticed' before hib troops 
itith a flag of truce in his hand, to- 
wards the French garrison, by whom, 
contrary to the laws of war, he was 
made prisoner and sent to Paris. This 
accident prevented him from figuring 
it the Saxon campaign ; but before 
that ofl814hehad obtained his liberty, 
and was employed to brin^ up a rein- 
forcement to the army under Blucher. 
He was first opposed at Soissons by a 
considerable French detachment ; but 
by a brisk attack he carried the place, 
afid made the whole garrison prisoners. 
His advanced guahd of Cossacks then 
entered Kheims^ On the 6th March, 
his division had to maintain a most ob- 
stinate attack from the main body of 
the French at Craone, and after an 
obstinate resistance, was obliged to 
fall back. When the allies made the 
grand movement upon Paris, which 
terminated the virar, Winzingerode was 
left with 10,000 cavalry to observe the 
motions of Buonaparte. When the 
French Emperor, however, seeing the 
critical state of his affairs, turned back 
with his whole force towards Paris, 
Winzingerode had no means of arrest- 
ing his progresst but was obliged to 
retreat before him with some loss. 
This was the last success of which 
Buonaparte had to boast. 

Winzingerode, from his youth, had 
only attained the rank of Lieutenant- 
General. He died at Wisbaden on the 
16th May, 1818, in the 4dth year of 
his age. 

Digitized by 


Chap. 2-] 





Mr Malcolm Laing. — Mrs Bntnton.^^Dr Macneill, — Pr Barney.'^Mr 
Lewis* — Mr Giffbrd. — Dr Cogan.* — MiUiju^^FUconti. 

Maj^colm LAING9 whose research 
^nd acuteness rank him among the 
most respectable of Scottish historic 
ansy was born at Strynzta, an estate of 
which his father was proprietor, on 
the mainland of Orkney. After recei- 
ving the rudiments of education at the 
grammar school of Kirkwall, he re- 
paired in due time to the University 
of Edinburgh, and, under its cele- 
brated teachers, enjoyed every oppor- 
tunity of cultivating his mind. He 
became also a close frequenter of the 
Speculative Society^ and in its debates 
acquired that readiness and fluencv of 
argument, which continued to lorm 
the leading feature in his intdlectual 

' In 1785^ at the age of 23, Mr 
Laing becaihe a member of the Scot- 
tish Mr ; but though he continued to 
Diead for a number of years, he never 
attained to extensive practice. "Jthis* 
may appear singular, when we consi- 
der that his style of reasoniujg^ was pe- 
culiarly suited to his professional pur- 
suits; but history and literature at- 
tracted the greater share of his atten- 
tion ; not to mention, that in his man- 

ner he had not duly sacrificed to the 
graces. His speeches were uttered 
with an almost preternatural rapidity^ 
and in harsh and disagreeable tones. 
His time, however, was intensely de- 
voted to studies, of which the public 
soon began to reap the fruits. Dr 
Henry having died, leaving unfinished 
the last volumes of his great work on 
the History of England, Mr Laine, 
whose historical researches were 2U- 
ready known, was applied to by hb 
executors to complete it. He wrote 
accordingly the two last chapters^ 
adding a dissertation on the alleged 
crimes of Richard III. The suc- 
cess of this specimen was so decided 
as determined him to sive himself 
lip wholly to his bias tor historical 
writing. His researches were soon di- 
rected, in a peculiar manner, towards 
his native country ; and the fruits of 
them appeared in a History of Scot- 
land, in two vols. 8vo. The period in- 
cluded was from the union of the 
crowns to the union of the king- 
doms ; thus bringing down the plan of 
Robertson to the latest period whicl^ 
can belong to classical history. In all 

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hh woricsy Mr Laing shewed a' strong 
propeDsity to controversyy carried on 
indeed most ably and learnedly^ but 
sooiewhat too much in the style cha- 
racteristic of his professiony making 
himself the eager advocate of the side 
which he espoused^ rather than a cool 
inquirerinto the subject. In the choice 
of that side^ he shewed no deference to 
popular ooinion^ but a certain prefer- 
ence of wnateTer doctrine would be 
most generally ungrateful and unwel- 
come. He tore up unnnerctfully by 
the roots all the tender flowers ot na- 
tional vanity and romantic feeling. In 
this spirit was composed the cdebrated 
dissertation on Ossian, appended to 
the first edition of his History. There 
was no subject on which Scottii^ 
pride had dwdt more fondly and en- 
thusiastically. Till that time, their 
authenticity Was very generally ac- 
quiesced in ; for Johnson's disdainful 
rejection was imputed to his austere 
and Anti-Scottish propensities, and 
served only to whet the zeal of the 
nation in defending them. But Mr 
Laing dug so deep into the sub- 

1'ecty and brought his arguments so 
lomcy that the faith of the most ere* 
dulous was at last shaken. A second 
edition being called for in a few years, 
he attacked another stronghold of na- 
tional feeling, by an elaborate disser- 
tation, tendmg to .establish the guih 
of Mary. This and other additions 
swelled the work to four volumes oc- 
tavo. The subject, however, had in a 
^^at measure lost the hold it once 
possessed in the public mind. But, 
with regard to Ossian, the whole 
Highland world was in a ferment ; and 
the clans mustered almost as fiercely 
round the aged bard, as formerly round 
their darling Charles. The Highland 
Society, then in all the zeal of a first 
establishment, devoted the most strenu- 
ous efforts and researches to vindicate 
the honour of their race 5 and they pro. 
dttced an elaborate Report, ably drawn 

up by Mr Mackenzie. This, 1iowcwr» 
was met by Mr Laing with a new editioa 
of the poems (2 v^. 8vo. 1805), ia 
which he brought forward fresh mat- 
ter of afgument, and combated all 
that had been advanced against hint 
in the Report. He proved now, that 
Macpherson had never shewn to any 
one, nor left behind him, any maiiu* 
script of Ossian whatever ( that tke 
originals produced were all in his otwn 
handwriting, and filled with coerec- 
tions and mteHtneatiena, sinBiar tt> 
tJiose used by an author in coeopoting 
his own work. From the Ml ezpo-^ 
sitioB now made on both sides, the 
candid reader will probably decide^ 
that there were fragments floating iH: 
oral tradition, rekting^ to TmftA and 
his heroes, and contatning no mcons»* 
derable portion of rude poetical talent, 
—that Macpherson incorporated some 
of these into his Ossian, but polish- 
ing, altering, and filling them up with ' 
a much larger proportion of his own 
composition ; in shorty there was some- 
thing of Ossian^ but much more of 

Mr Laing took a considerable in- 
terest in the political questions of the 
day; with a decided leaning to the 
Whig side. In 1806, when the Fos 
and Grenville administration came into 
power, he warmly supported their 
plans for new-modelling the Edin- 
burgh courts. At the same time, he 
was nominated by his native county 
as its representative in ParBament. 
He spoke on several occasions, and, 
notwithstanding the defects of his man- 
ner, with such force of informatioa 
and argument, that he was listened to 
with respect. The state of his health 
prevented him from proceeding in this 
career. His nerves had always been 
weak, and they now fell into so shat^ 
tered a state, as to produce almost per- 
petual suffering during the rest of his 
life. 80 distressing was often his si* 
tuation, that, as we have beed aHuredf 

Digitized by 


Cjff A£. 2.3 



it was <mlj by bebg kq>t artificiaBx 
io a particular po8tare» that he waa 
i^le to aToid feintiirg. In this aitua- 
tion he withdrew from the circles of 
literature and the world* and tuok up 
hb residence on his property in Ork* 
nef • Here the activity of his mind 
waa itill exerted in the improvement 
of hit lands, and in attempts to intro* 
doce a better system of cropping and 
management than had hitherto pre* 
vailed in this remote part of the world. 
He even nude attempts to introduce 
the breed of Merino sheepi and on the 
whofey set examples of a better sys- 
tem of ae riculture, which promise to 
be useful to this portion of the em- 
pire. Amid these useful avocations* the 
increasing pressure of disease brought 
his life to a termination in the end of 

Mr Laing was happily married to 
Miss Carnegie, daughter of a gentle- 
man in the county of Forfar, whose 
sister was married to Lord Gillies, one 
of the Judges of the Court of Ses8ion» 
and brother of Dr Gillies the historian. 
This lady survives him, but with no 
family. Hit property is inherited by 
Samuel Laing, £sa. his elder brother, 
who resides near kirkwalL Gilbert 
Lain^ Meason, Esq. who in one me- 
moir IS named as his heir, derived his 
ample property from quite a different 

The individual now commemorated 
had died in the maturity of years, and 
after having lonff withdrawn from the 
world. A much deeper emotion was 
exctud br the loss, in the full bloom 
of life ana genius, of one, who might 
justly^ be considered as the pride of 
Scottish female society. Smce the 
death of Mrs Hamilton, no female 
writer commanded equal respect by 
her uknts and character, as the au- 
dwress of Self-control. By the au- 
thentic memoir communicated by her 
surviving husbandi it appears that she 

was the daughter of Colonel Balfenr, 
of Elwick, cadet of an ancient family 
in Orkney. Her mother, daughter of 
Colonel Ligonier, had acquired in the 
house of her uncle General Lord Li^^o* 
nier, rather the accomplishments which 
adorn a court, than thoee suited to 
so retired a sphere. Being a person, 
however, of talents and aCuteness, she 
communicated probably to her daugh* 
ter a variety of anecdote and infomia- 
don, and made her a proficient in 
music, French, and Italian. Upon the 
whole, however, Mart was indulged 
in a degree of freedom, vrhich, though 
scarcely to be generally recommended, 
is often favourable to the growth of 
strong and original powers. Her stu- 
dies were turned in a ^f;reat measure 
towards poetry and fiction. At six* 
teen, however, the death of her mother 
devolved upon her the whole task of 
house-keeping, which, for four years 
succeeding, appears to have almost 
entirely occupied her attention. At 
twenty, she received an invitation from 
Viscountess Wentwoilh, a near rela- 
tion of her mother, to reside with her 
in London. To the brilliant prospects 
thus opened, she preferred an outward- 
ly humbler destiny. She had already 
become acquainted with Mr Brunton, 
a young clergyman of talents and ac- 
complishments ; and having again met 
with him in her way south, mutui^ 
attachment led to a matrimonial union. 
She retired vrith him to Bolton, a 
country Urine, reckoned small even in 
Scotland, and at the distance of twelve 
or fourteen miles from the metropolis. 
In this retirement, the character of 
Mrs Brunton's nund was formed. Un- 
der the direction, and in company of 
her husband, she went through a more 
methodical range of study. Without 
renouncing BmesLettrei, she applied 
to history, the philosophy of mind, 
and received even a tincture of mathe- 
matics. She examined carefully the 
evidences of religion, and imbibed that 

Digitized by 



ipmt of piety, which so strongly cha- 
racterizes her writings. To the neigh- 
bours she did not appear at all in the 
character of a learned lady. Her man- 
ners, peculiarly plain ana unpretend- 
ing, gave merely the idea of a cheerful 
^ood-humoured companion, and a pru- 
dent housewife* 

After six years' residence at Bolton, 
Dr Brunton's reputation as an orator 
and a man of talents, procured him a 
call to the situation of minister of Edin- 
burgh^ which forms a slight aristo- 
cratic distinction in this republican 
church. In Edinburgh, Mrs Brunton 
mixed extensively with society ; both 
her powers and her confidence in them 
were gradually extended. The society 
of some intimate literary friends, with 
whom she here met, tended still more to 
unfold her talents. It was in order to 
amuse some intervals of leisurci that 
she began, in a desultory manner, the 
writing of Self-ControL Her vein of 
thought soon flowed spontaneously, 
and the work swelled on her hands, 
{deas of publication began to arise in 
her mind.; and in this first glow of 
authorship, she seems to have shewn 
peculiar emotion, when her future 
publisher declared, thoughtlessly per- 
haps, his readiness to undertake any 
thmg that might come from her pen. 
A considerabk part of the first vo- 
lume wai written before she was able, 
^ith strong agitation, to shew it to 
her husband, xlis warni and decided 
approbation fully determined her to 
persevere; and she now made the com- 
position a regular part of her daily 
employment. It was shewn daily as 
composed, to Dr Brunton, who maoe in 
wriDng such remarks as occurred to 
him, leaving it to her to adopt them 
or not, as her own judgment dictated. 
Such, he assures us, was all the aid 
which he contributed^ and which the 
public has been sometimes tempted to 

In October 1810, Self-Control ap- 

peared ; and scarcely any event per- 
naps, ever caused a stronger sensation 
in this literary metropolis. Its vigo- 
rous and original character, its bold 
and lofty design, caused it to stand 
out completely from all ordinary works 
of the same nature. Even the rude- 
ness of some of its features, and the 
room for criticism at least, which se- 
veral of the incidents afforded, only 
heightened the attention which it ex- 
cited. Mr Miller's table was soon co- 
vered with criticisms from the most no- 
ted wits, which were criticised in their 
turn, by the numerous and gay fre- 
quenters of his literary rendezvous. la 
short, aU Edinburgh was in a ferment^ 
the edition disappeared like magic, and 
the success of the work waS decided. 

Soon after the' publication of Self- 
Control^ Mrs Brunton^ in company 
with her husband, made an excursion 
to London, and several parts of Eng- 
land. Oti settlinjg again in Edinburgh^ 
it came under discussion, what was to 
be the next occupation of her pen* 
After various discussions, Dr Brun- 
ton suggested Discipline, as a proper 
sequel to Self-Control, by shewing 
** the means through which, whea 
self-control has been neglected, the 
mind must be trained by suffering, ere 
it can hope for usefulness or for true 
enjoyment.'* This idea met her ap- 
probation, and the work was' beguti 
about the end of the year 1812. In 
order to avoid, if possible, the defects 
of story with which Self- Control had 
been represented, she drew out a 
sketch ot the plan ; but it was meagre^ 
and imperfectly adhered to. She en- 
tertained very sanguine hopies from the 
Highland passages at the end of the 
volume ; but before these were bej^n, 
Waverley appeared ; and while gi- 
ving her most cordial admiration to its 
excellencies, she considered them as 
fatal to any efforts that the could 
make in the same style. She was per- 
suaded to go on ; yet this pakt of her 

Digitized by 


Chap. 2.3 



work ,waf not considered the. best | 
and incieedy we appretiendy that her 
excellence must ever have consisted in 
strength of thought and passion^ not 
in the delineation of local manners. 
Discipline was finished in somewhat 
less than two jears^ and appeared in 
December 1814. It did not make the 
same sensation as its predecessor, yet 
was received, on the whole, equally 
well. It has the same excellencies^ 
with fewer faults ; though perhaps 
there may be somewhat less of bold- 
ness and freedom in its general tone. 

The appearance of Ciscipline was 
followed by another visit to Englandf 
on returning from which, still greater 
embarrassment was felt as to a new 
subject. Distrustful of her capacity 
to combine a long continued narra- 
tive, she determined upon a new series 
of smaller domestic tales. In this view 
she began the story of Emmeline. 
Composition, however, seems now to 
&aTe become a task; and her time was 
greatly encroached upon by the nu- 
mefous friends who courted hersocie- 
ij^ as well as by many public charities 
and benevolent institutions oyer which 
she presided. Sickness, and the loss 
of an intimate friend, were additional 
causes of delay ; so that several years 
elapsed, without much progress being 
ipade. At length she seemed to feel 
a revival of her former enthusiasm, 
and was beginning to proceed with ar- 
dour, when a fatal event interrupted 
her progress. 

Dr and Mrs Brunton had never been 
bles^d with children ; and such a pe- 
nod had now elapsed, as probably put 
an epd to all expectations of that na« 
lure. In the course of the present 
year, however, symptoms of pregnan- 
cy made their appearance. From the 
first she entertained the impression, 
that her confinement would prove f?i- 
tal I and this was so strong, that she 
even arranged the most minute cir- 
cumstances and preparations connect- 

ed with such an event. H^r piety 
and strength of mind, however, en- 
abled her to preserve her tranquillity 
and cheerfulness uninterrupted, even 
on its near approach. , Her forebod- 
ings proved too just. On the 7th De- 
cember she was delivered of a still- 
born child, and, after the most favour- 
able appearances of recovery for some 
days, she was attacked with fever^ and 
died on the 19th. 

The tale of Emmeline, which has 
been mentioned as begun, was left 
only as a fragment, and notwithstand? 
ing the disadvantage it thus sustains, 
was, we think very judiciously, pUD« 
lished. Its object is to shew tne uttle 
chance of happiness there is, when 
the divorced wife marries her seducer. 
Though the subject is rather too 
painfiu for a species of work \vhicb 
can instruct only by pleasing, it dis* 
plays an energy of thought and feel- 
m^ certainly not surpassed, if equal- 
led, in any other writings. Dr B« 
indeed, expresses his opinion^ << that 
in all which she had done, she was 
only trying her strength y and that if 
her life bad been prolonged, the stand- 
ard of female intellect might have been 
heightened, and the character of Eng- 
lish literature might have been em- 
bellished by her labours." ^Te shall 
not attempt any j^eoeral character of 
works whose merits have been the su'b- 

i'ect of such frequent discussion. Of 
ler personal character Dr Brunton has^ 
with natural delicacy, refrained from 
drawing any elaborate picture; but 
we may quote the words of Dr Inglist 
who, in a funeral sermon preached on 
the occasion, describes her as ** one 
from whose converse we had invaria* 
bly derived at once instruction and 
delight — whose piety was so genuinct 
that while never ostentatiously dis- 
played, it was as little in any case dis- 
guised-^whose mental energies com- 
municated such a character and effect 
to both her piety and her active bene- 

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ficence, thtt they often served the pur- 
pose of an example to others^ when 
such a purpose was not contemplated 
hj her whose mental energies* great 
as thej were» yet derived their chief 
value from being stedfastly consecra- 
ted to the interests of truth» and the 
cause of virtuet siQ^ whose native sim« 
plicity^ and openness of mind, impart* 
ed to all her endowments a value, 
which no talentscan otherwise possess*" 

This year Scotland lost one of the 
sweetest and most pleasing of her na» 
tive poets. Hector Mackbill was 
bom at Rosebank, near Roslin, about 
six miles from Edinburgh. His father 
had been in the army» where he had 
been patronized by the Duke of Ar- 
gyll» and had mingled in the first com- 
pany; but having offended his patron, 
by selling out without his advice» he 
was left afterwards to his own resour- 
ces. He took a farm at Rosebank, 
but some imprudences, and the habit 
of living in a manner beyond what he 
could now afford, completely involved 
his affairs. Having tnen a large fa« 
mily^ it became necessary that the 
sous should, as soon as possible, be 
made independent of him. The only 
expectation for Hector was from a 
cousin, who carried on a mercantile 
concern at Bristol The father, there- 
fore, confined his education to the 
commercial branches, dreading, from 
his own example, the effect of more 
refined and classical instruction. The 
youth discovered excellent parts, with 
an elegance and refinement of taste, 
which seemed to mark him for a dif- 
ierent destination from that intended. 
At the afire of eleven he had written a 
species of drama, in imitation of Gay. 
Ilis master earnestly entreated to be 
allowed to give him some of the high* 
er branches i but on this his father 
put a decided negative. The attach* 
ment, however, of the teacher to his 
pupih^ induced him to impart secretly 

some ekments of this forbidden know« 
ledge. From the father, meantimCf 
young Macneill received many anec- 
dotes of the world, a high sense of 
honour, and the feelings of a gentle* 

As soon as young Hector had com* 
pleted his fourteenth year, he was sent 
off to his cousin at Bristol. On lua 
way, he spent some months at Glas- 
gow, where he completed himself in 
several branches of education. The 
cousin was a rough, boisterous. West 
India captain, who could not estimate 
the genius of Macneill, but was plea- 
sed with some instances of his spirit. 
He proposed to him first an expedi- 
tion in a slave-ship to the coast of 
Guinea, but was diverted from it by 
some female fHendf, who rightly judg- 
ed this destination wholly unsuited to 
the youth's disposition. He was there- 
fore sent on a voyage to St Christo- 
pher's, with the view of making the 
sea his profession if he liked it ; other- 
wise he was furnished with an intro- 
duction to a mercantile house. Oa 
his arrival, being completely disgust- 
ed with the sea, he hesiliated not in 
accepting the latter alternative. We 
cannot fully, from this time, trace the 
thread of his adventures ; but we un- 
derstand that, in a few years, this ami- 
able bard ended in being the manager 
of a plantation, alias a negro-driver. 
Nay more, he became a strenuous ad- 
vocate for the system of West India 
slavery, and wrote a pamphlet in ita 
defence. It is but justice to state^ 
however^ that his defence is not of 
the actual, but of an ideal state of 
negro slavery. He insists, that if 
masters would treat their slavea well, 
would attend to their religious edu- 
cation, would encourage marriage, 
with penaltiesagainst the violation ofits 
duties, would attend generally to their 
moral conduct, and would themselves 
in their intercourse with them, ab- 
stain from all irregularities^that then 

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might become a vir- 
tQoui lod happyciMMiUDity. He for- 
gett nothing except to Myv how or 
where such mtttert mv to be foiifid, 
or at leatty how they can e^er exceed 
the proportion of one in twenty. 

Withont being able to trace dis« 
tittctly the career of Mr Macneill^ we 
are sorry to fay, that it was nnfortn. 
nate. When upwards of forty, he re- 
turned to ScotUmd in a wretched state 
of healthy and without having earn- 
ed even a moderate independence, 
Cven in this situation, however, he 
began to amuse himself with poetical 
composition. In 1789, he published 
•• the Harp, a legendary tale ;" which 
brought him into some notice in the 
literary circles. In 1795, appeared, 
«< Scotland's Skaith ; or the History of 
Will and Jean j ower true a Tale;'* 
the work bv which he is most advan- 
tageously known* Its excellent in- 
tention and tendencjr, with the strokes 
of sweet and beauti/ul pathos^ render- 
ed it one of the most admired produc- 
tions that have been written in the 
Scottish dialect* In 1796, he pub- 
lished as a sequel to it the ** Waes of 
War." About the same time he pro- 
duced <« the Links of Forth, or a 
Parting Peep attheCarse of Stirling." 
This is a descriptive poem, but though 
not devoid of merit, it is more labour- 
-ed, and less pleasing. He wrote also 
a nmnber of httle songs, some of which 
possess much sweetness and beauty. 
Not being able, however, to find any 
means of providing a subsistence, ne- 
cessity compelled him to seek again 
'the buminc^ sun of the West Indies. 
After a remeoce there of only a year 
and a half, Mr Graham, an mtimate 
friend, died, and left him an annuity 
of IQOL a-year, with which he imme- 
diately returned to Edinburgh, and 
enjoyed^ during the rest of his life, the 
-sweets of literary leisure and society. 
His reputation and manners procured 
-faim ready admittance into the most 

respectable dftter he »ioyed parti- 
cularly the intimacy of the late Mrs 
Hamilton. He was then a tall, fine- 
looking old man, with a very sallow 
complexion, a dignified and somewhat 
attstere expression of countenance. His 
conversation was eraceful and agree- 
able, seasoMd with a somewhat uvelv 
and poignant satire. Havmg experi- 
enced, probably, that devotion to the 
Muses had not tended to promote hk 
success in life, he gave no encourage- 
ment to it in others, and earnestly ex- 
horted all who wrote poetry that ap- 
p^red to him at all middling, to be- 
take themselves to some more substan- 
tial occupation. In 1800^ he pub- 
lished, anonymously, the Memoirs of 
Charles Macpherson, which is under- 
stood to contain a pretty accurate ac- 
count of the early part of his own life. 
In 1801, his poetical works were col- 
lected in two vols, foolscap 8vo, and 
passed through several edit;ions. The 
last was printed in 1812. In 18<)9, 
he published the '* Pastoral, or Lyric 
Muse of Scotland,** in 4to, a work 
which did not draw very much atten- 
tion. About the same time he pub- 
lished, anonymously, •« Town Fashions, 
or Modem Manners Delineated,'* and 
also ** Bygane Times, and Latecome 
Changes; a Bridge-street dialogue." 
These pieces, like almost tvtrj thing 
he wrote, had a moral object | but the 
present one was tinctured with his 
feelings as an old man. It appeared 
to him that all the changes which had 
taken place in society, the increase of 
luxury, even the difiPusion of know« 
ledge, were manifest corruptions | and 
all his anxiety was to inspire a tast6 
for the ^law old style of living. Wish- 
ing to suit the style to the matter, he 
affected a very homely phraseology $ 
and as this was not natural to him, he 
overdid it, and disgusted rather than 
persuaded. Yet he clung very fondly 
to these bantlingrs of his old age, and 
even rated them higher than the more 

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elegant j>rodqcti9o^ ,pf his former pen. 
Their only rejj beauty, though he was 
ipsensible of it, consisted in a few pa- 
thetic passages. 

Our author also wrote with the s^me 
yiewsi and too much in the s^me style^ 
a nov^l, entitled " the Scottish Adven- 
|;urer8» or the way to rise," 2 vols. 8vo. 
ISH, During this time also^ he con- 
jributed a considerable number of dcr 
^ta^cbed papers to the Scots Magazine. 

Since Dr Macneill's return, his life 
h^d been almost a constant malady ; 
ajnd it was only won^erfuU that ne 
survived till the present year, when 
an attack of jaundice beio^ added to 
his other complaints, carried him off 
hn fbt ISth March. 

^eijir families have included a greater 
variety of talent than the Burneys* 
Charles Burney, doctor of music^ and 
pne o^ %h^ most eminent professors of 
jthat |u:t in Europe, acquired for him- , 
^'•f a place in the literary world by 
his fiistory of Music, and by the Nar- 
r;ativ,e pt the Travels which he under* 
took in collecting materials for it. 
^ss ^umey, afterwards Mrs d'Arb- 
lonr, ne,ed only be mentioned as the 
authoress of Evelina, Cecilia, and Ca- 
milla. James Burney, her brother, is 
the companion of Cook, and the au^ 
thor of a leamecj History of Voyages 
^o the Pacific Ocean. Equally emi- 
^ent. in a still hjgher departipent, yiras 
another sop, Charles Buhnj&y, the 
f5uj>ject 9f the present memoir. He 
nva? hfixu at Lyim, in Norfolk, on the 
.4xh De<;eipber, 1757. The family, 
)biow^yer, §qou after rempved tp Lon- 
(dopi aq.d young Burney received the 
TUQiloents of his education in the Ch^r- 
jtpr-boi^se, ^ft^r which he sepaijed to 
Caius' CoUege, Cai^bridge. He al* 
' itjady djfitinginshed him^f by hi« 
knowledge of the QteeY language ; 
with a Yie,w to further iipprovemei^t 
'm wh^cb, he removed to ^ng's Col- 
lege, Aber<kea, where, in 17^1, he 

took the degree of >f -A* I" VSSL 
he commenced his career as a dz^s^ical 
jleacher, first in ^n academy at |^V 
gate ; and then, upon the recommen- 
dation of Dr Dunbar of Aberdeen, in 
that of Dr Rose of Chiswick, He 
married a daughter of Dr Rose's ; ^d, 
in 1786, opened an academy of bis 
own at Hammersn^ith. After reni^ip- 
ing there seven years, he opened the 
classical Academy at Greenwich, which 
became soon one of the most celebs- 
ted in the kingdom ; and the J^epu- 
tation of which is still supported by 
bis son. He was already known as 
an able clasfiical critic. His friend^ 

Sr Rose, being conne(:ted with ^the 
onthly Review, he introduced iojto 
that work strictures on a publicatioD 
of Mr G. Isasic ^untingford, which 
made his talents fully known to t)^ 
literary world. He produced ^ftinv 
w^rds, an ** Appendix to Scapula's 
Lexicon," " Observations on the Gree^ 
Verses of Milton," and an editiop fif 
the " Letters of Bentley.'* Thes^ 
works, with his success in teachiogt 
established his reputation as one of the 
jfirst Gree]c schofars of the ^gt^ and as 
one of a tri^mvirate, of whi(£ Parr and 
Porson were the oUief twy member^ 
The success of his Academy havingput 
him in possession of an ample incoipev 
he began to distinguish himself by the 
.collection of that classical library^ 
which has thrown lustre iwophis u^e, 
Greek, particularly the Gredc drains^ 
formed its leading feature, with con- 
siderable attention to the dramatic li- 
terature of every coivntry. HJs collec- 
tion of manuacr^sufs^ also v^ery ample, 
of which the Townley Hpi^er has 
been valued at 1000/. Agents were 
employed^ both at home and abroad, 
to collect whatever was rare and va- 

Amid those studioius habits and purr 
suijts, Dr Burpey .wa^i alive tp social 
^njoyment^ His -coavers^tioQ display- 
ed powers which would baye easured 

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. ewetk in <k|nu d ni t ef Mi 
karhsDi^^ and he poMMed a find of 
■Mcdotet wbkli rendered htm aoaept^ 
able in evnj todety* Hit taUe wai 
faDsphable f tnd he Tahied bim^ par^ 
ttctthH^ ott the petieMkMi of the y^ 
best wine. Hn oidf peculiftrky at 
9U tf€«bkiiime, coatnted «d a deadly 
afgrs i um to fresh air,'-— to that, wh$m* 
rter tnf one edtend his wpmtlmn% ht 
Mecfaansoilly exdainedy m a tone of 
aathority, ^ Shut the Door." In ite 
charaetert of others* leamiogiras the 
chief A)ect of his veneration; mid hi 
Tiewcd It urith i respect quite aoeoau 
a^cted with edPTf . Parr aad Potwoy 
his great rtrais^ were alwava viewed by 
him with the otittost kindness^ and hM 
respect for them was tesdied en «¥ery 
pbSMbleocoasioii. He entered into holy 
orders^ bat too late id life t» dbcido 
any high praraoeioii in the chardh^ 
For Some years before hn death* find^ 
log hie health decline, he reslgaed his 
Acfidemy hi Bnroor of his sob, and tt* 
tired to his rectory at DeptfbnL Hi! 
coBstitotion continaed to decay, tiB» 
oa the 98th December 1(^7* he was 
carried off by a stroke c^ apeptesy^ 
A» it appeared fitoMirtant to the pah-* 
lie that his mafpftiiocoC Hbmry should 
sot be dispersed, Mr Bankes presented 
a petitien from the tnntees of the Bri* 
tin Mttseom, ivqiieftingparliamentary 
aid in order to parchase it entire. The 
■MitiDn being sopported by Mr Van- 
slitart^ was relbired to a coaonittte, 
whose very interestiag report is insert** 
ed in the Appendis. The rseiilt was, 
that « earn et lS,d(XH> trie voted by 
Parliaittent, to be appHed to the pat ^ 
chase of tho library. 

Matthew C^noonY Lvwis was 
the SOS of Mt Lewis, who oAciated 
for nuiny years as deputy-secretary ia 
the War^'Officey where he eajoyiNi a 
salary of l&fiOOL a-^ear,-^^ snm nn« 
II— ylid in the present day» of mast 
tigii ta asB i ^ > Ydwg Lewie recei^ 


iM die Crtt cfcmcs tsnf hit edscedoa 
M WestHonster Schooli after whioh» 
he rertioved So the coatinenty and spest 
several years is Oermany* Here he 
applied, with oecnitr aMonr, to the 
litcMtore of tsat coontry, and imhi* 
bed' Aoronghiy the Oerman spirit i-m 
that, at leaM, wliieh reigns in its teles* 
tomaaoes, and battadt f-»^he aapeeos* 
tsnd and At horriMer ■■natt the deaM- 
Boh^oftheBeUeeLetSrt*. Ia tUs 
spirit^ while abroad^ he composed the 
lieark, a rosMoce, te theev vokine% 
pubKahed ia 1795, and which mades 
very strong huyiessk m on the puUsc^ 
While the wild and original gcifius 
displayed la it extorted aditnrstioSi 
the sndecciit freedom of some of the 
seetiee was steomrly reprobated, lldi 
einemnstluioe^ indeed, so much aflElscied 
tiie ansfasa-, that he called in the fe« 
snintBg copies of the first edidos^ and 
psblished b second, in which the ea** 
eepsionalde pasasg^s «vere mostly pni* 
nedawmy«r Judging fms this lest edi« 
tiew osty, we Monld be tempted Id 
SDipeet that the OQtcry was somewhat 
exaggerated^— the general tone of the 
vrork appea^ng to be much more that 
of homor, than of vt>lttptBonsatss^ — 
agitatmg and appdhApr, rather thaa 
ssdsctive. About this time ho ob» 
uined a scat in Partiaaiest, and was 
supposed to sHto at dialMction aa i 
parliamentary orator f but, when is 
the Honse, he never cosld summos 
conn^e to open bis lips* He threw 
ap his seat, therefore, and betook hiss* 
self entirely to the drama aad litera* 
tore. Hie nest performance sras the 
Castle ApectfVy a drama, performed 
with extraordioery eooesss at Dnivy 
Lase, in December, 1797, aodoosmssr 
iftgcettaioly greet h oi dn sss and pathpsk 
It may he oossidtred as teodmg 'to 
eorrapt the stege^ by smr udus is g the 
practme of Mmldnff svocesa hr did 
exhwiiian ov S|MetMid soeoeTy* £aens% 
lor a loar rime, getmmo tragedy fave 
place emirelf to sieM s p a cist ls» ss i 

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it the same taste jH whoUf banished. 
In 1801, he published two foluines of 
poemsy Qodcr the title of Takt of 
Wonder,— -which name their contents 
foUy justified* JHfe now betook him- 
sdf to romance, and, in 1804, publish* 
ed the BraTO of Venice, in one Tofaime } 
in 1806^ the Feudal Tyrants, in £bn« 
¥ohimct» He published also. Tales of 
Terror, in three Tolamea, and Romantic 
Tales, in ibur Tolumea ; but the curi* 
oaity of die public in this direction 
waa now worn ont» These last works 
ocdted less interest, and his pnblica* 
tions became less frequent. 

Mr Lewis having succeeded, on the 
death of his father, to a considerable 
property in the West Indies, deftermi- 
Bed to visit it His principal motive 
is said to have been a desire to mdio* 
rate the condition of the slaves em* 
ployed on the property. If tUs was 
the motive, he fell a martyr in the 
cause of humanity ; for, hflhripg cob« 
tracted the disease of the cliauite, he 
brought it along with him, and died 
m the Gulf of Florida« in thespiing 
of 1818. 

Joair GuMroBD» one of the most ac« 
five political vnritersof the present day, 
was bom in 1758. His original name 
was GreeUf being the son of Jchn 
Green, who was mtd to the furofession 
of the law, but died eariy. At the 
a^e of 17, the death of a rdatioa put 
bim in possession of some landed pro* 
pcrty, on the strength of which he was 
catered as a commoner in St John's 
CoUegc^ Oxford. Thissitnadon, which 
ooonected him with many younsr men 
of large fortune, was <ae cause of lead- 
ing hmi into ruinous habits of expenoe, 
totdly inco Bsi stent with his limited 
pronects* Having removed to Lon- 
bonndkss i and as his guar^ans refu- 
fsd to suf^y him with the bmsbs of 
•uppoiting it, he had recourse to the 
rwaous expedieiit of borrowtog,at 

iMUrious interest. 'The coBseqaence 
was, that the age of 21, ioslead of 
putting him in posiessien of his for^ 
tune, was the era of his rain. The ac- 
cumulated claims pouM ta to an ex- 
tent beyond what hu fortune was equal 
to Bwet. He was obliged, not only 
to sell his property, but, that proviag 
iasuffideat, to eo abroad under tte 
changed name of John Giffiord. Here, 
left to solitude and rueful musings, he 
was fortunately led into habiu of study 
and i^lication, to whidi he had been 
hitherto a stranger. Having tsken up 
his abode in the vicinity of Kouen, he 
applied cfiliffently to Uie study of the 
literature of Fr a uo ei — a nd particalariy 
its history. The fruits of these studies 
appeared ^on his return to England in 
1788» when he apphed himself to the 
composition of a History of France, 
which appeared in five saccessive 4to 
volumes, between 1791 and 1794. 
During this mterval, too, he engaged 
eagerly in those political discussions, 
to which the first jTOgress of the Frrach 
Revolution gave rise* At that tinw, 
the periodical pressi both in regard to 
reviews and new^iapers, was almost 
entirely in the httids of the Whijr, 
or rather the republican party* In 
1792, he published an Address to the 
People oTEagland, to which waa an* 
nexed, an Abstract of Paioe's life 
and Writings. He translated Lally 
ToUendal's YindicatioB of the Emi- 
graotsi andcircnlatedwidelT,au«« Ad- 
dress to the Loval Associations.^' Mr 
Cobbet also, wno vras then at a very 
different point <tf the political meridiaD 
than now, havingeautted «< A Bane 
to gnaw for the Democrats, by Ptter 
Porcupine," Mr Gtfford introduced it 
by a preface, entitled, ^ A Rod for 
theBacksof theCikics, b^ Humphrey 
Hedgdiog." At that tmie, the pas« 
sions ran too high, to adoiit of anj 
thing sober or reasonable. Mr Cw* 
ford took die loftiest ultra loyal toae i 
he held u revoktionists and enemies of 

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dsir coontrjTt all who, k tiie state* 
opposed aay of the measures of go* 
fernnent I and, in chorch^ aU dissenters 
frfiaurer^— -whether PresbTterian or 
Cabimstic on one side^ or the discivles 
of Price and Priestley on the other. 
He rten accused mtnisters, and the 
hw officers of Mvemnenti as too tame 
and soptne. He aided in the estabti sh- 
of the British Critic ; and pro« 

hahlr thinking it too moderate, atter- 
wards set on foot the Anti-jacobin 
Review. He edited the Narrative of 
a *< Hesidence in France, during the 
years 1792, S, 4t, and 5, by an English 
Lady/' a work which was popular at 
theumey and passed through several 
editions^ His last and greatest work^ 
was the Life of Mr Pitt, published in 
1909 f in three Tolumes 4tO| ilnd after- 
wards in six volumes 8vo. 

For these exertions in the service of 
govemmentt Mr Gifford was reward- 
ed by ao appcmitment in the Police 
Offioe, which he exercised, first in 
Worship Street, Shoreditch, and after- 
wards in Marlborough Street. As the 
emolnment of this office was moderate, 
and as duties were attached to it, which 
he was very well qualified to execute, 
it cannot betonsidered as paying a very 
k^h price for so much loyalty. To- 
ward* the end of his life, he resided 
chiefly at Bromley, in Kent, where he 
died on the 6th March, 1818, in the 
60th year of his age* He was twice 
married, and left se?eral children. ^ 

Thomas Cogan, a writer and phi- 
bntkropbt of some eminence, was bom 
at Rowel, in the. country of North- 
anptoo, on 8th February, 1736. His 
&ther was a respectable and diligent 
apoUiecary, who gave an excellent 
education to a numerous family. Tho- 
nsfs was placed at Kibworth, in Lei- 
cestershire^ in the flourishing academy 
of the lata Dr Aikin, father of the 
eminent physician and writer of the 
He was educated for 

a dissenting clergyman; a situation 
for which Be was well quahfied by 
morals, character, and learning i but 
having contracted a passion for con* 
troversv on abstruse theological sub- 
jects, ne was suspected of having 
unbibed some opinions adverse to 
those entertained among the class to 
whom he sought to recommend him- 
self* He was induced to repair to 
Amsterdam, where he received a tem« 
porary situation. He met, however, 
with a much greater good fortune in 
the acquaintance of Miss Groen, or 
Green, who possessed from 8000^. to 
10,000/., and was also a very good 
and agreeable person. Thus noade in- 
dependent, he yielded to a propensity 
he had long entertained for medicine, 
and repair^ to the celebrated schoob 
of Leyden. By a singular taste, the 
obstetric branch possessed attractions 
for him beyond anv other* After ob- 
taining considerable reputation as an 
ooBOti^tfurroseveralof the greatDutch 
towns, he removed to London, where 
he attained a very respectable prac- 
tice, and was for some time in com- 
pany with Dr Sims. At this time, he 
had the opportunity of rendering an 
important service to the public. In 
consequence of the numerous canals, 
which intersect the streets of Am- 
sterdam, the drowning of children 
was a frequent accident, and was sub- 
mitted to by the citizens with Dutch 
apathy, as an evil admitdng of no re- 
medv. Happily, however, a tender 
motner having her son brought in life- 
less, made such exertions by the use of 
the warm-bath, friction, and other re- 
medies, that she had the happiness of 
restoring him. This roused the at- 
tention of the citizens ;- a society for 
the restoration of drowned persons was 
immediately formed, and attended with 
the most beneficial effiects. Seven 
years afur, Dr Cogan and Dr Hawes, 
aided by Dr Lettsome and some other 
gentlemen, established the Royal Hu- 

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irttij^' Society for the rtcbvery of 
dfowneid p«f sons. Th^ ftrtft anniveru 
B^rf of thift institution WM on 15th 
April, 1774; and it wao celebrated 
evei' miice by an Annual dinner, at 
which a prince of the blood hat he^ 
qoerttlir presided. The dinner is pre- 
ceded by a sermon ^ and after it, those 
restored to life, by the efforts of the 
society, hare frequently walked round 
the sidoou in solemn procession. la 
the course of less than half a Centtirvi 
44?1I persons have been resuscitated m 
this manner. 

Dr Copin, possessing a fortune 
equal to all his wants, and baring no 
family, determined, in 1780^ to retire 
from business. He went to reside in 
Holland, which his wife probaWy pre- 
ferred, and which he himself had al*> 
most learned to consider as a native 
cotmtiy. He might have remained 
there for life, had not the entrance of 
the French into Holland induced him 
to return to England. From mate^ 
rials collected abroad, he now publish- 
ed a Journey down the Rhine, 8vo, 
1794. Returning to the west of Eng*. 
land, he took ft large farm, and though 
Jigriculture was quite a new occupa- 
tion, soon excelled in it. He was the 
means of spreading several new and ap- 
proved practices, and obtained several 
premiums from an agricultural society 
to which he belonged. He tlien ap- 
plied himself to cultivate with success 
the department of moral philosophy. 
Me published hi 1802 a '• Philosophi- 
cal Treatise on the Passions, in one 
volume, and afterwards an Ethical 
Treatise on the same subject, in 2 vols. 
8vo. These treatises were chiefly 
-practical, and were well received by 
the public. In 18l7f he published 
Ethical Questions, or speculations on 
the principal subjects of controversy 
in moral philosophy ; but in these 
speculative discussions, he appears to 
have gone beyond his depth. He 
supports the theories of Priestley, and 
attacks^ without well understanding, 

thcM <yf ReM, Be«tt{e« and otl^r Scot* 
tkk phikisop^rs. Some yvart before 
his death he had given up all empk>y« 
ment, am} divided bis time betwani 
Bath and London. Belttg affeccedt 
however, vrith asthma atid severe coughs 
hia strength gradvaily gave war, and 
he died with an uncommon digQity» 
christian calmness, and resignation^ on 
the 2d Ffebruary, 181S, in the 9M 
year of his age. 

We had prepared a notice of Mr 
Brydone, the celebrated traveller, wh0 
died during the present year ; but ha- 
ving since obtained hopes of a morie 
wnple and fully authenticated memoir, 
we are induced to delay^ for the pur-' 
'^po9e of introducing it into our next 

France, this year, lost an emflient 
antiquary and writer, the Chevalier 
Andre Louis Milliv ; he was bom 
at Paris, of a family which had risen t6 
distinction, both in the army and the 
magistracy. Either of these careers 
was open to him, but he preferred the 
pursuits of literature, which his inde- 
pendent fortune enabled him to pur- 
sue uninterrupted. Till the age of 
twenty, he merely indulged a tfiste for 
various reading, particularly of foreigti 
works, and the fruits of hi* studies 
appeared in *« lifelangef des Liter&ture 
Strangle, 6 vols 12mo, Paris, 1783." 
Soon after, an intimacy with a young 
man of the name of Willeraot inspired 
him with a passion for botany; and 
imhariitg the examples of Monteula 
in mathematics, and Baillie in astrono- 
my, he planned to compose a History 
of Natural Science. After having ex- 
hausted all the means of bformation 
in this branch which Paris afforded, 
he went to Strasburg to visit Profes- 
sor Hermann. From him he derived a 
passionate attachment to the Linnsean 
system, against which there existed 
then in France a strong prejudice. 
He prevailed^ however^ upon six other 

Digitized by 


CHAt. s*2 



OiliifilUu to. forat with bim a Lia- 
lUBUi Societfs about the 8|ime tim« that 
J)r Smit^ established one uqder the 
same title in Loikdoc, The Academy 
of Sciepcet» however^ e^i^d wi^h what 
appears an voworthj jealPMsy, threat- 
ened to shut their door against the 
OMinbers of this body, which was in 
coQsequenoe di9«olved« After the re^ 
▼olutiooy it again met, under the title 
ipf •*.th* Society of Natmal History." 
It csperiencad bow great success ; 
and M« Millin» farther to spread the 
faaoe of bis mastery instituted an an«- 
oual f&te in honour of Linos^us ; he 
translated also ** Pultney's General 
View of the Writings of liinn«us^" 
M^ MiUin, being secretary to the So- 
ciety, edit^ several yolumes of its, 
transactions ( he also assisted in courses 
4>f lectures given by the Society. 

Thesei ptmuits suffered aow a ter- 
rible interruption* Mt MilUn had been 
aa advocate for moderate reform ; but 
this did not prevent him from l^ing 
iodiided in the proscription of Kobes- 
pierre* He was immured in a dun- 
g9on with I^ of the most illustrious 
iiames in France, whbm he saw suc- 
cessively depart for the scaffold* His 
day was fixed for the 11th Thermi. 
dor { but on the 9th, the stroke of 
fair fen op his persecutor; aud he was 
restored to the world* His .fortune, 
however, was gone ; but the new go- 
vernment conferred on him several li* 
terary appointments, which insured 
his subsistence. He now also under- 
took the Magazin Encyclopedique ; a 
continuation, on an enlarged plan, of 
the Journal des Savans, It enjoyed 
high favour with the public, and con- 
tinued long to be the medium, through 
which many of the first men of science 
communicated their observations to 
the public. This publication » in 1 816, 
extended to ISO volumes, when it was 
discontinued on account of some stamp 
regulations adopted by the Bourbon 
gOTeroment. Soon after, however, it 

was refumftl under ^ titk of i^Atfoii^ 

In 1?94» on the death of the Abb^ 
Barthelemi, M« MiUiu was chosen to 
aucceed him as keeper of the Cabinet 
of Medals in the National Library. 
From that time be gave up national 
history, and devoted himself entirely 
to the duties of this new fun^tioiv 
He sold all his eabinets and collec- 
tions, wid with the produce purchase^ 
medals and books of antiquities ; he 
^ve lectures on the subject % he nnade 
^urneys to Italy and the south of 
France, for the purpose of exploring 
their antiquities, and published val>i«- 
able narratives of these travels. In the 
i^ourae of them* he suffered one of the 
greatest calamities which can bef^U a 
collector and man of letters. He had 
led his library ia charge of a person 
who had been long in his service, but 
whom he had frequent occasion t? 
blame for recent misconduct ; notwith- 
standing which, he still kept him and 
treated him withkiadness. This wretch, 
impelled either by revenge or frenzy^ 
set fire to the collection ; and the whole, 
consisting of 12,000 volumes, ji 00 porV 
folios of engravings, and nunveroup 
original MSS. became a ^xtj to the 
flames. He even took the pr'mts out 
of the portfolios, and pikd them op 
tte floor,, to insure their dest^ructioj^. 
The neighbours h^ing alarmed, and 
attempting to enter, he threw out 
first a false key ; and when they at 
last penetrated to his room, he was 
found with his throat cut, and welter- 
ing in his blood. Before his death, 
however, M. Millin had in some degree 
repaired this loss. He died at Paris, 
on the 14th Augu8t,'1818. 

Italy, this year, lost an inquirer, al- 
most unrivalled in the exposition of 
ancient arts and monuments. Ennios 
QuiRiMus ViscoMTi was born at 
Rome in 17 53, and was fortunate in 
a father, who was himself a learned 

Digitized by 



andqulMryi and keeper of the PocitiS* 
cal Muteain. Young Visconti shew- 
ed etrlT the talents which afterwards 
so much distinguished him ; his child- 
hood was spent in decypherinff in- 
scriptions, explaining medals, and de- 
scrihinff monuments. An exhibition 
of this knowledge* made at the age of 
twelre, before an assembly of cardi- 
nals, excited the utmost astonishment. 
He reached maturity at the moment 
when the successful researches of 
Winckelman, Lanzii and other learn- 
ed men, had opened a wide field of 
antiquarian inquiry. ** A man, how- 
ever,'' says Rochette, ^* was still want- 
ing who should collect the scattered 
discoveries, and should unite in him- 
self all the different ajpecies of science, 
necessary to fix our knowledge of the 
ancients and their arts on a solid ba- 
sis.** Such a man was Visconti, who, 
in his description of the Museum Pkh 
clemeniinuntf erected a monument, 
which will always do honour to his 
memory. Texts, medals, inscriptions, 
statues, basso-relieTos, are all admira- 
Uy classed, and made to illustrate an- 
cient teliflrious and political institu- 
tions, and mythological traditions. 
The highest degree of enthusiasm for 
these pursuits was combined in him 
with solid Judgment and deliberate 
inquiry. He published afterwards 

the Monument! Gabini, the descrip* 
tion of the Villa Bor^hese, and other 
works of equal merit. When the 
French carried off these monuments 
of art to Paris, they removed Visconti 
along with them, and he was appoint- 
ed Keeper of the Museum, burins 
his sUt in France, he contributes 
OKtft valuable accounts of the antiques 
contabed in the Mmit FrancoU and 
Mut^e RoyaL His last work, which 
promised to prove the greatest, was his 
Greek and Roman Iconography, one 
of the most remarkable woHls of the 
age, both for its magnificence in point 
of art, and for the original and curious 
information contained in it. Only one 
volume in folio appeared before the 
lamented death of the author. Be* 
sides his works, his learned contempo- 
raries peculiarly valued him for the 
ready and sure information to be ob- 
tained from him upon every subject. 
«« It was not,** says one of them, ^ a 
learned man that we consulted ; it was 
a book always open i a sort of library 
open to all the world." His opinion 
bore almost the authority of an an- 
cient. In this view it was anxiously 
sought by the Englbh government, 
in its investiflradon of the value of the 
Elgin marbles. M. Visconti left a 
widow, with two children, and only a 
moderate inheritance. 

Digitized by 







Oxygenation of Adds and of Water.^-^ConsiUutum and Analysis of Mineral 
Waters, — Impressions of CM from the Higher Atmosphere, ana the New 
Instrument called the JEthrioscope.'-^perations for determining the Figure 
of the Earth. 


One of the meet interesting trains 
^researdi in ejmerimental chemistry 
that have recently appeared^ is that of 
the inde&tigable cnemist> Thenard, 
€& the oxygenation of the acids 
and c^ water. The final result is 
the ohtaining of oxygenated water, 
or, a dentoxide of nydrogen, as the 
atomic chemists denominate it> from 
the idea» that in a state of purity 
this compound has a double pro- 
portioD of oxygen (compared to the 
nvdrogen) tfaiat water or the protox- 
ide has. The leading instrument bv 
which he was enabled to accomplish 
this combination was the peroxide of 
barium ; and^ as the process is some- 
what long, and apparently complica- 
ted, we shall describe its different 
stages in a regular and deliberate 
manner. It is Siought complicated^ 
chiefly because several of lU steps 
depend on comparatively recent dis- 
coveries, all of which require to be 
well understood ; but many of those 
&cts in chemistry which are reckon- 
ed plainer and eaf ier would present 

equal complication if all the steps of 
manipulation, by which the ultimate 
products are obtained from the sub- 
stances in their natural and crude 
state, were reported to us for the first 
time. These have become easy in 
consequence of certain steps being al- 
readjr familiar to us, or certain inter- 
mediate products being well known. 
This is not exactly the case in the pre- 
sent instance; and, therefore, though 
with those whose chemical knowlec^e 
was acquired some years ago it re- 
(]^uires more care to reach the conclu- 
sion, it is to be recollected that each 
of the intermediate steps is to be 
considered as a separate discovery, 
and that the greater time and atten- 
tion demanded for the ultimate object 
is rewarded with the knowledge of a 
series of scientific acquisitions, all of 
them elegant This series may be 
divided into these distinct stages :— 
I. The obtaining of bary tic earth, or 
pure barytes. — il. From this the ob- 
taining of the peroxide of barium.— 
III. The oxygenation of different 
acids ; and, IV. The oxygenation of 

Digitized by 




L Baxytes is obtained from the 
heavy spar, found t6 be a sulphate 
of barytes^ which is for this purpose 
pounmd, mixed with charcoal, and 
subjected for a length of time to an 
intense heat. The acid is decomposed 
by, the charcoal, and its radical, the 
sulphur, combines with the barytic 
earth to form a sulphuret of barytes. 
This is treated with nitric acid, which 
combines with the barytes to form a 
liquid nitrate of barytes, and from 
wnich crystals of that bary tie salt art 
obtained by evaporation. For the 
purpose of procuring this salt in n 
very pure state, «nd, above all, fVee 
from any iron or manganese, it should 
be again dissolved in water, a small 
excess of barytic water added, and the 
solution filtrated, and then crystal- 
lized. The pure nitrate thus ob- 
tained must be decomposed by heat, 
to extract the barytes. This must be 
done, not in an eartlienware retort, 
because this contiiins both iron and 
manganese, but in a retort of fine 
white porcdam. If four or five 
pounds of the nitrate are thus treated, 

- the operation should last three hours, 
•after which barytics remains. It Is 
'Combined with some silex and alu- 

vsine, from th^ fusion with the retort, 
but fVee fhml iron and manganese, 
which is an essential dreomstance. 

II. The pure barytes thus obtained 
has been found, by galvanic analysis, 
to insist of « peculiar metal, in com^ 
bination with oxygen. The metal is 

- cdled bariUDL This metal is found 
to have the property of combining 
with a larger proportion of oxygen 
than that which forms this earth. It 
now forms a peroxide of barium. The 
fbrmation of the peroxi^le is accom- 
plished by exposing the pure earth to 
oxygenous gas, underan elevated tem- 
perature. The barytes is cut into 

Jieces about ^e size of the end of the 
n^er, is put mto a hited glass tube, 
\q!^ and wide ^ough to contain 

about 4]bs. troy. When d^s is made 
moderately red-hot, a current of oxy- 
^nous gas is past over it by souees* 
mg a bliulder which is filled with that 
gas, and tied over one of the cool ends 
of the tube. If an empty bladder is 
tied over the opposite end, that por- 
tion of the gas which does not com- 
bine with the barytes passes into it» 
and by compressing this in its txmt, 
the current is passed and repassed till 
the whole is combined, which is dona 
witheatremefiieility. When the tuba 
is cooled, the contents are to be taken 
out. These uee now a greyish whif^ 
PEHQXiPB OF BARiOM. and must be 
kept in an accurately closed bottle. 

ill. The peroxide of barium thus 
obtained, 4s soluble in Various liquid 
acids — thenitric,pliosphoric, andmiu- 
riatic It is first moistened with a 
little w4ter, which makes it fall 
readily into a powder, without much 
increase of temperature. This powder 
may be added by d^rees to the 
nitric or muriatic acid, and is by 
them qniekly dissolved, Conning li- 
quid nhrate, or muriate, of the per^ 
oxide of barium. If the barytes is 
•now precipitated, a liquid oaaibin»- 
tion of the acid with oxygen wfll be 
obtained* Such precipitation is e^ 
fected by adding sulphuric aeid in 
-the requisite quantities. Sulphate 
ef barytes is formed, and a copi- 
ous precipitate of this compound is 
separated; the supei^f^iNHidant oxf^ 
gen remaining in combination with 
the liquid acid. After one quantity 
' of the barytes has been thus «epa« 
- rated from the solution by being con- 
verted into a sulphate, ami one 4ose 
of oxygen has been lef^ in combina- 
tion wkh the acid, more of the per- 
oxide may be added, fVom which the 
barytes may be in like manner preci- 
pitated, and an additional dose ef 
oxygen made to combine with the 
add. The operation may be several 
times repealed!, as oftm at leavl aa 

Digitized by 



nmmjmwm m^^sm^M^ 


mnm «Mf be iim4«M fm^tm9iy(h 

•f tke pfOMiB^ tMit 1^ lime osyv 
gm if itow )o«l. Tb«iia<»cyi9Piitw 
tcUrcifimtw^ b#.con€eptrftt«dkj 
1m»^ «• b«it km the fffeol of ftpeini- 
lisf Um iMijifgm ; IniI tbey inay be 
ODiweMrated by evepatiit^ under 
en cri ei q e to d veeeiver* oopleioiog 
qwiAViat, er eeme etber bygroroer 
tiio ettbetenee* fee ebierb tbe oMMatiu^ 
erslfved by ibe lemoyel of the etmo- 
ep b crie preaenre. The oxygeneted 
•rntne acid tb«M obtaj pe d doee l»)<i» 
like the pitre-vmriiitifi ecid» act ofi 
gM ; faiit it mdily diaaelvea tfaeae 
leetak wUdi M^e intric .acid is 
Aipablftof diaapW»ngt and ihe iel»- 
4i(Mi tahee plaoe vitboeit the di^eo- 
gafementoCoftyi^eiiettf gai^and witb- 
rae the pwdwflfiew at heat When 
SEmrietie aeid ia treated in the eame 
mawier, a liquid i« obtained posaesa- 
ed ef fwofienies wholly difierent from 
then of eUorioe, tim eubttanoe ao 
kmg kaown under tbe name of ozy- 
m urktic add* It doea sot, like eblo- 
rioc^ diiaolwe>geld 9md pUitinitw« It 
IB very eeid, oplo4itlea«^ epd ahnoat 
deadtnte of smell. A boiling heat 
cooTBrta it iafeo oxygenoi»a gas and 
nmnaftie acid* Theae ^Lperiments 
are owaidend by, aome chemiata as 
aeltiag a4 reat the questioii of the 
natnra of ehlorine^ wil peoviiig it to 
be irboUy diflmnt from e combina- 
tion «f muBiatic aeid with oxygen. 
M. Thenerd haa fiieqiieBlly given the 
BoA aa masyaa liiS vohiinea of oxy- 
geiKHiagaa. The oxymated acid d Ja- 
eolvee mo without Mbr veaoence^ the 
oxjrgen in oombmitien with the acid 
. being talnn op by the metal to form 
en osydy in padbrence to the oxygen 
of the water, which, with the simple 
liquid tnaviatic aeid, takea place^ oc- 
caaiaoing an -effiarvesqeiiee by the 
eevdotiMi eC hfdrcigan gaa. 

The qyygenetJwrfeelpljmrfa eriij 
19 not obtained with equel siqqiaicityr 
Whee that aeid if brought into c^vb- 
tMft with the peroxide of bariun^, it 
forms splphate of bary tes by oombin* 
ing with the bary te«»whieh lathe^o^ 
t9xide of barium, and the overpliia of 
oxygen is diaeogaged in the gaseous 
form/ esiactly in tne wme wey as this 
ecid operal^s on the blepk oxide (or 
p^oxide) of iiiangaae«e« combining 
with an inferior oxide of that metal, 
and aetting oxygenoes ga^ at liberty^ 
In order to efeet tbe (niygenation of 
the sulphtirie acid> we nrst procure 
«n oxygraeAed mmiatic acid, which 
should be kept in a glas^ aMrrouhded 
with ioe. We muat also be provided 
with e solution of sulphate of silver^ 
This aoltttion is to be added drop by 
di^p to tbe oxygenated muriatic 
JiciiL (It 13 absolutely necessary that 
.the sulphate sliould not contain any 
uneombined oxide of silver*) An in- 
stant decomposition bakes place. The 
muriatic aod quits the liquid state 
end. the oxygen to combine with the 
oxide of silver j thus produciug that 
very insoluble selt» toe muriate of 
aUverr In tbe meantime, the sulphu^ 
rio eeid being diseogeged, becomes 
liquid, and combines wii& tbe oxygen 
which the suiriatic acid had quit^, 
and we thus have oxygenated sul- 
phuric acid* This, which is turbid 
while tbeaelpbate is adding^ beoemes 
limpid tbe moment that tbe whole of 
the munatic acid is combined withox- 
ideofsilver. Itisequally important, on 
the other hand, that no excess of sul- 
phate of silver shonld be added be- 
yond what is required to engage the 
muriatic add. Alternate triala must 
be made with the tests of nitrate of 
silver on the one hand, and muriatic 
add on the other, on single drops 
taken fnun the whole liquid, till the 
point of saturation is exactly hit ; the 
liquid is then to be filtered, the filter 
itadf pcaaaed thaough obth, end the 

Digitized by 



£DIN]BD&GH AN^iDAL EBGIStElt; 1818. [CaAff. 3. 

turbid drops vAAA it yields passed 
through paper, and added to the rest. 
We have now a liquid ootnposed sole- 

IV. From the liquid compound 
now mentioned we haye to separate 
the sulphuric acid, and then we shall 
have oxygenated water* For this 
purpose we treat it with an aqueous 
solution of barytes, i. e. barytic water. 
The barytes and the sulphuric acid 
are now precipitated in mutual com« 
bination, and the oxygen remains 
IN union with the water. An- 
other plan, and one which nmders the 
oxygenation of the water less dilute 
in &e first instance, is to put the 
liquid in a glass mortar surrounded 
by ice, to rub into it gradually a little 
oaustic bar3rte8, previously slacked 
and ground to powder, till tiie sul- 
phuric add is nearly precipitated, 
(which is known by the uquid hardly 
Teddening litmus,) then filter the 
liquid, and complete the separation 
of the sul|toric add by adding a few 
drops of barytic water. 

It is expedient at first to have a 
i^ght excess of barjrtes in the liquid, 
that any trace of iron or roanaanese 
which may have escaped the SKrmer 

X rations may now be separated, 
r which a few drops of very dilute 
sulphuric add will remove the excess 
of barytes ; and the operator diould 
so manage as rather to leave a slight 
excess of add thai of base, as the Mid 
tends to fix the oxygen, but the base 
to disengage it. 

By a repetition of die process 
now described, <» the same quantity 
of liquid, the {uroportion of oxygen 
may be increased* But in order to 
concentrate this curious substance 
more powerfully, anothdr process is 
required— that of evap<»ation under 
an exhausted recdver, containing a 
hygrometric substance, such as a 
vettd of strong sulnhuric add or 
powdered muriate of lime, according 

to tile experiment of Pi^feosov Leriic. 
(See our former volume, p. 862.) In 
this situation a pait of the water k 
evaporated^ wlnle none of the oxy- 
gen is disengi^ed.' This is a feiet 
wfaidi we should not haveanttdpated, 
knowing that the oxmen is easily 
separated by heati It wws tliat tiie 
oxygen is not kept in Its state of COB- 
densation, in any degree, by thepRB- 
snreoftheatmoqihBre. AIowteoH 
perature, however, has a great inflo- 
dice on the stalnHty of the conqMuad. 
By keeping the oxyj^enated water a 
snffident length of time under such 
a recdvep— ror example two da^a— 
the lii}uid remainyag will aooaetinieB 
contain two hundiw and fiiW times 
its volume of oxygen* After the con- 
eentration has bMi carried to a oer* 
tain pitdi, part of die o xygen sepsis 
rates in bubMes, which bant widi 
difliculty. The sepaiatieii of a part 
of the oxygen, when it takes pmce, 
will be ascertained by Ae iisiiig of 
the mercury in the mereurial ^age 
of the air*pump. An earlier diseii- 
gjagement of it is aometiiiies oeca* 
simed by the presence of fereign 
matter, and is slopped by addiiiff two 
or three drc^ of very w e ak sul^mric 

The highest point of concentalion 
to which the author has brought the 
liquid is that of coDtanung 475 tines 
iu volume of gas, at a medium tem- 
perature and pressure* Thepropor. 
tion is ascertained by introdsciiig a 
portion <^ it previously diluted into 
a tube inverted over mercury, and 
pasdng up a little oxide of mai^aaeae 
diffusra in water. The i^ole oxy- 
gen is i mmedia tely disenmed, and 
on comparing its yohtraei^ timtof 
the compound before it was diluted, 
we calculate the proportion espres* 
dve of its strength* 

Oxygenated watur is heavier than 
pure watcri it sinks in it like soU 
phuric addy and has the same slug- 
gish consistence. The property which 

Digitized by 


CtfAP. SO 



wMne of tte oMtaBic oxides poM0B of 
Bepantiiig the oKTven b curioiu.*— 
WtMm- these sre adcM to it, the my^ 
gen flies <^ wkh a sttxMen explMon : 
end, what it more, thd^ncygen of the 
odde itsdf ia Ubevated atoo«^ wirti it, 
and the metal is reduced to a state of 
pnritj. AoNMherMiiMlarfiictisythat 
even ^e pate nmmi, when thrown 
into ofxygenafted water, efiects a se- 
paration of the oa^gen. In order to 
aceonnt for such an agency in a sul>- 
stance which does not enter, in the 
meantime, mto any new diemical 
state, M. Thcaiard sagadoosly sug- 
gests that the agency of the meUil 
must be of an electrical nature. On 
dns pomt, room is left for farther re- 

A question has been raised, whe- 
ther m the liquid oKygenated adds 
the (xzysen is in union with the acids, 
or merdy with die water? If the lat- 
ter, the force of the argument already 
stated with regard to chlorine wiU 
be weakened, because the new com- 
pound, so different from chlorine* 
will come to be viewed not as an ool]^- 
gmted muriatic add, but muriatic 
add in combination with oxygenated 
water. As an argument for suj^x)- 
sinff that the oxygen is really in union 
wim the add, it has been observed 
thi^ uaxfie water does not retain die 
mmgen so power&lly as the liquid 
ma& do. But the £Moe of this fiu^ 
u diminished fa^ another which has 
been discovered^ via. that various 
o^er imprmiatioiis, such as sugar 
and gn»y also impart to water the 
property of retaining die combined 
OKygen widi ffreater power. 

OzTgenated water has been repre- 
sented as possessed of a property ca- 
fMbleof being turned to ffood- prac- 
tical account, vis. that of removing 
the dark colour induced on white 
lead by aulphnreted hydrogen, which 
in many cases qpdls the emct of old 

paiitfingi^ and the oi^genated water 
does not in general injure those other 
colours with which the white 1^ b 
in contact on the canvas. It is said, 
however, that the same property is 
possessed also bjr dilorine, a substimce 
mnch more easily procured. 

CoNSTiTtmoir anb Analysis 
Mm EBAL Watebs. 


Chemistrv, in some c^the improve- 
ments wbidi it has recently under- 
gone, has acquired a more complica- 
ted a^fiect than it previously wore, 
but in others it has been mudi sim- 
plified. In both cases, the science is 
extended, and its fbundations Bxed in 
a more satisfactory manner. The com* 
position of mineral waters has always 
been an object of great interest to the 
diemist as well as to the physiciaiu 
This has been manifested oy the la- 
borious manipulations whidi have 
been employed in the analysis. These 
have been multiplied by the difficulty 
of the subject, and they have in ge- 
neral itia&d to display m the end an 
uncertainty which appeared to be in- 
separable from it In the midst of 
much doubt and disappointment^ it 
is pleasingito find a ray of light thrown 
on thdr composition, whidi tends in 
one respect to simplify our yiews and 
abridM our labours^ by shewing us 
at what point an uncertainty com- 
mences whidi no labour is adequate 
to remove. 

Dr Murray's analysis of the mine- 
nd waters m Dunblane has led him 
to these improved views, which are 
unfolded in the 7th and 8th volumes 
of die Transactions of the Royal So- 
dety of Edinburgh at full length, in 
three Memdn, entitied* '* An Analy- 
sb of the Mineral Waters of Dun- 
Mane ;-— « An Analysis of Sea- Wa- 

Digitized by 



EDlV&JmU kVVVAt ftSQIffTBIt. 181& CCiur. 9* 

t«rr-4H«Ml " A gwand Fomolii fiir 
tbe Annlysw q£ WxmfaX W^tw «" oil 
^f th^m oopiAuiiiig iioportgiK infor- 
fmti00, both on g»nend priiicip)e9 
jind on the d^U pf numpuliOlioo. 
It i$ Qnly a 6tikUifi«Qt of th« loipro- 
▼ed priociplM and f^ffmti modflt 
thus introduced that ve caa propose 
now to give, vhich will be most ad- 
vantageously done in the order in 
which (bey ar* laid 4o^^t «>d in 
which th^jT M^m to have occurred to 
this chemist. 

The water of Dunblane ahewed, 
in the usual preliminary tri^Uj that 
. it consisted of neutral saltSt composed 
of sulphuric and muriatic ftcids, lime, 
a tpinute portion of iron, and pro- 
bably sodat though the presence of 
this last ingredient is less easily sul^- 
ftantiated by trials of that prelimina- 
ry^ kind Muriates of soda and lime, 
with a smaller portion of a sulphate, 
were presumed to be the neutral salts 
by which it was impregnated; and 
. th^ usual method of ascertaining the 
individual salts, by evaporation and 
crystallization, was resorted to**<- 
When an English pint was evapora* 
ted, 47 grains of a solid residue were 
leflU This, when dried and then e»« 
posedf deli<ju«iced from the presence 
of the muriate of lime, the muriate 
ofsoda remaining crystallized. These 
ingredients were more completely se- 

Sarated by means of alcqbol, which 
issolved the muriate of lime, and left 
the muriate of soda in the sta^ of 
crystals; and, though such separation 
was not perfect in the first instance, 
it" was completed by means of a repeti- 
tion of the processes of solution and 
crystallization* The quantity of the 
muriate of lime was not only ascer- 
tained by driving off the alcohol which 
dissolved it, and weighing the solid 
matter that was left, but by determin- 
ing the quantity of sulphuric acid re- 
quured to decompose ih^t salt, md 

tity of aulpbat^ of lime (ormBd^ that 
of th# mimale of lime waa oalculatad 
on tho principle of chenn«al equiv«- 
)#nt«,-^20^5 grains of sulphate of lim^ 
nrvro obtained* Imviog 1&7 of drjr 
muriate of lime. The matter undi^ 
folved by the alcoM amounted to 
99*5 i^ains* Tbia matter was finind 
to be all soluble in distilled water, 
0X4:«pt 2.4, a(Kl of this .5 were found 
to be carbonate of lime, and nearly 
,9 sulphate ; bul^ from the quantity 
of sulphuric acid found by testing 
with a barytic salt, there were alu>« 
gether SiJ9 of sulphate of lime, provi- 
ded the whole of that acid whicn was 
I>resent existed in a state of oombkui- 
tion with lime. He confirmed the 
aocuracnr of the results, Ibiy executing 
an analysis by a different methoC 
which gave in a pint of tbo water. 

MurUteof 8o4» 
Muriate of lime 
Solpbate of lime 
CaHioBate of Ume 
Ozideofiiim . 

24 gnios. 

18 , 


Thifi water has a puryi^athre quality, 
which must arise from its impngna- 
tion ; yet the muriate of lime is not 
known to possess that power, and 
muriate oIl mkU only in a vary ali^t 
degree. This was an exemplificatioii 
of a well-established general fact» that 
the powers of mineral vatare are of- 
ten much greater than can be anti- 
eipated frpm the nature and quantity 
of their injap^ients; and that die ac- 
tion of sahoe sufastanoet ia iocrtased, 
and cooaiderably modified, when dity 
are in a state of great diiutioo. 

Tbia paper contains also an analy- 
ail of the water of Pitcaithly, aStad^ 
ing the folbwing nsnltsy aa the in* 
gredientt of an Englidi pin^ 

Digitized by 


CarbonaU of lune 

W!^ • Blight ence o^ iMk 

iM*tovfliiiiffl9 m scrtKctt. 





AtmoBpheric air 
Caxbonic acid gas 

O.d Cubic Inch, 
1 Ditto. 

The obsenriktions which the AMthdt 
fiiaked on the general question^— ^in 
what state do aHl the saline ingredients 
exist in a mineral water ?— are of great 
importance. The different acids and 
bases may either be supposed to ex- 
ist in a state of simultaneous combi- 
nation^ the whole adds being neutral- 
ized by the whole bases ; or, as form- 
ing a mixture of different neutral 
salts* The latter opinion is embra- 
ced by hhn as the roost probable of 
the two : Yet he conceives that the 
neutral salts, existing in the water, 
may not be the same with those which 
are evolved by the process of eva- 
poration of CTjrstallieation, because 
the state of combination h liable to 
be modified by the analytic opera- 
tions themselves. For example, when 
muriate of soda, muriate of lime, 
and sulphate of Kme, were obtain* 
ed in the quanthles which we have 
stated from the Dunblane water, it 
is possible that the sulphate of lime 
may have been a product of the ope- 
ration, and not an original ingredient. 
The sulphuric acid may exist rather 
in* the state of sulphate of soda, and 
when, in the progress of the evapo- 
ration, the liquor becomes concentra- 
ted, this salt may act on a portion of 
the muriate of Ihne, and by mutual 
decomposition fbrm corresponding 
portions of muriate of soda and sul- 
phate of lime. 

This is not a question of mere spe- 
mtlatfon, but may sometimes throw 
Hght on the properties of mineral 
waters. For example, in the present 
i^itance> sulphate tj^ lime h a sob- 

^tatice apparently inert in its tSManei 
to the living system^ If it exist, 
therefore, as such in the water, H 
can contribute nothing to its efficacy. 
But in the other state of combination 
nHiieh is supposed, both the quantity 
of muriate of lime, the active ingre-» 
dient, will be greater, and the pre-* 
sence of sulphate of soda will in part 
account much better for the purga-* 
ti ve operation which the water exerts. 
The question does not admit of being 
determined by direct experiment, as 
we know not when a neutral salt is 
merely^ separated from a solvent, and 
when it is formed in the operation. 
Nor does its separation by alcohol 
afford an unambiguous demonstra- 
tion, as the alcohol may operate by 
acting on the water, and diminishing 
its solvent power by withdrawing^ it 
from the dissolved substance ; thus 
leaving room for the force of Cohe- 
sion to act in determining the com- 
bination of those ingredients which 
form the least soluble oomponnd. 
One presumptive fact, however, was 
evolved by the author's experiments. 
He added to different portions of the 
water (four ounces each) 5, 10, 15, 20, 
an^ 50 grains of sulphate of soda. In 
the greater number of those propor- 
tions, the ouantrty of sulphate of soda 
was more tnan sufficient to convert the 
whole muriate of lime In the watet 
to sulphate ; and, according to the 
known solubility of this salt, the 
quantity of water was not sufficient to 
retain it all dissolved. Another result 
which be obtained was, that when he 
^ded a small portion of sulphate 
of soda, the quantity of Sulphate of 
lime obtained was increased* When 
ten grains of the crystallized sulphate 
of soda are added to a pint of the 
water, four grains, or double the 
quantity of sulphate of lime are ob- 
tained ; poving that both muriate of 
soda and sulpl^.te of lime are liable 
t9 be formed in. the progress of the 

Digitized by 




evapomdon. Though the oondu^n 
18 not thus absolutely established, 
that Uie sulphuric acid exists in this 
water in the state of sulphate of soda, 
it is greatly favoured by it, and is on 
the whole the most probable opinion* 
If it be admitted, the statement of 
the ingredients and their propor- 
tions must be altered; the sulphate of 
lime must be omitted ; the sulphate 
of soda, though it cannot by any 
method be separated in that form^ 
may have its quanti^ inferred from 
that of the sulphate o£ lime, which is 
formed by iu acting on the muriate 
of lime. The sulphates of lime and 
of soda being nearly the same in 
weight, the quantity found of the one 
may nearly oe substituted for that 
of the odier, as inferred to be present, 
and the whole proportions will be : 

Muriate of soda, 

21 grains* 

Muriate of lime, 


Sulphate of soda, • . 


Carbonate of lirae, 


Oxide of iron, 



The accuracy of this statement was 
confirmed by next addiiur such a pro- 
portion of the sulphate or soda as was 
adequate to conyert the whole muri- 
ate of lime into sulphate. — He added 
to a pint of the water 24 ^^rains of 
aulphate of soda, and obtamed 24.8 
fframs of precipitated sulphate of lime. 
By yarious subordinate manipulations, 
the author obtained a perfect dc^ee 
of accuracy. For these, and the mi- 
nute calculations fbunded on thcmf 
we must refer to his Memoir. 

He applies the conclusions which 
he draws to all those mineral waters 
in which sulphate of lime is mention^ 
ed by chemists as an ingredient aJong 
with muriate of lime and muriate of 
soda. In almost all of them, where 
sulphate of lime is an ingredient, mu- 
liate of soda is also present.«-3at the 

nrinotpal interest of tUs view arises 
nrom its relation to the question, Ae- 
ther chemical analysis is capd)le of 
discoyoring the sources of tiie medid- 
nal yirtues of mineral waters ?— whidi 
some haye been disposed to d«dde in 
the negatiye, from the fkct that analy- 
sis, in some instances, detectsno ingre- 
dients of adequate activity to the e£- 
fecte which these waters are found to 
produce on the system. It has been 
alwaj^s found difficult to account ior 
the virtues of the celebrated Bath wi^ 
ter, the ingredients obtained fi^nn it 
possessing Httie activity, and the prin- 
cipal ones none at all. An En^sh 
pmt of it contains, along with a wght 
im])regnation of carbonic add, nine 
grains of sulnhate of lime, three grains 
of muriate of soda, three mias of sul- 
phate of soda, eight-tenths of a grain 
of carbonate of lime, one-fifth of a 
grain of silica, and one-twentietli of 
a grain of oxide of iron« — From tiieee 
no medidnal operation of any impor- 
tance could be expected: they are 
eidier altogether inert, or in quanti- 
ties so ex^emdy miniite as to be m- 
capable of producing any sensible ^ 
fisct in the dose in whicn the water is 
taken. Yet their virtues are establish- 
ed by sufficient piactical evidence^ 
and also tiieir injurious effects when 
certain precautions in the use of them 
are neglected. To account for theset, 
proposed.— It has been maintained 
that substances given in small dosefl^ 
in a state of great dilution, may, from 
this dilution, produce more efiect on 
the general system than the quantity 
^ven would lead us to expect« It 
IS also supposed, that the temperature 
of the water may have some influence, 
particularly by fiivouring the action 
of the iron. Something has been ascri- 
bed to the nitrogen ^ rising through 
the water, or the siliceous euth, of 
which one piint contams a ^ain. All 
this is unsatisfactory. It is not easy 

Digitized by 





W b«Ue?a thit a aistieih of agwn , 
of iron, however much fiivoured by 
the drcuinsUnces now mentioned, 
cm produce any important mwHdnal 
effect ; and the reasoning appUed to 
the other ingredients, instead of re- 
moving the difficulty, rather plM«8 
it in a clearer light But the view 
vhidi Dr Murray hat advanced, en- 
ables us to assign to the Bath water 
a much more active chemical compo- 
rition, and to ascribe its power to a 
substance of known activity, — muri- 
ATB OF LIME. The principal pro- 
ducU of iu analysts are sulphate of 
lime, muriate of soda, and sulphate 
of soda* The proportion of sulphate 
of lime ia auch, that part of it must 

Muriate of Hme, . 


Sulphate of soda, . 


Carbonate of lime, 




Oxide of iron, 


The peculiarities in the composi- 
tion of the Bath water, compared with 
the greater number of saline mineral 
ivaters, is, that it contains a larger 
quantity of sulphate of soda than is 
necessary to convert its muriate of 
lime into sulphate of lime. Hence 
no muriate of lime is obtained afler 
evaporation in its analysis ; hence 
even a portion of sulphate of soda is 
indicated ; and hence the larger pro- 
portion of sulphate of lime which that 
analysis yields. In the Dunblane 

pre-exist in the water ; but part of it ^^ Pitcaithly waters, the sulphate of 

we are to consider as the product of ^^^ jg deficient The muriate of lime 

the analysis: the muriate of soda is eu- |g j„ Jm-g^ quantity, and is accompa- 

tirely so ; and the quantity of sut ^j^ y^^ muriate of soda. Hence 

nhate of soda existingin the wat^, j^ ^^ analysis no sulphate of soda 

la lar^ than that albrded by the appears, and only a small quantity of 

analysis. Muriate of lime, sulph^ sulphate of lime, but a large propor- 

of soda, and sulnhate of lime, are its ^^^ ^^ muriate of lime. 

ingredients ; and during the ev^pow^ Muriate of lime is a substance of 

tion, the muriate of lime being acted g^f^gi^ activity in its ojperation on the 

on by a |>ortiou of the sulphate of fiving system. Quantities of it which 

soda, muriate of soda and a corre- ^^^ j^^^ y^ hirge prove fatal to ani- 

sponding oortion of sulphate of lime jj^aU, Six grains or it are, according 

are formed* The latest, and proba- ^ ^j^ yjg^ n^j^ given, contained in 

Uy the most accurate, analyris of the ^ ^^^^j^ ^f ^ij^ ^h^ w^. This is 

Bath water, that of Mr Phillips, ^ives ^^^ £^ f^^ ^1,^ njedhim dose of this 

salt, and equal to one half of the 
lai^est dose that can be given in a 
regular course without producing ir- 
ritation ; and this, aided by the state 
of great dilution £Eivouring its more 
extensive application within the body 
and its reception into the blood by 
absoirpdon, together with the elevated 
temperature of this mineral water, 
will give us a fiar better explanation 
of its well known efficacy than any 
hitherto advanced. 

The Cheltenham water affords, bv 
analysis, sulphate of magnesia, sul- 
phate of lime, muriate of soda, mu- 
riate of magnesia, carbonate of mag- 

thefbllowing view of iU composiuon: 
In an English pint 

Carbonic add. 
Sulphate of lime, . 
Muriate of toda, • 
Sulphate of loda, < 
Oxide of lion. 

But considering the composition 
according to the mreceding view, the 
ingredients and their proporticms will 

1.2 indies 

. 9 grains. 





. ^grain. 

Carbonic add, 
Sulphate of Ume, 

1.2 inches. 
5.2 grains.' 

Digitized by 



EDiHfitmoH ANN0AL ltfi«»V8R, 1818. tdhum^A. 

nesiay Mid oxide of ir6n. It is most 
probable Uiat this water also, previous 
to evaporation/ contains muriate of 
limej which is acted on by the sul- 
phate of soda during the analysis. 
Frobably the carbonate naturally in 
the water is carbonate of soda^ whicb^ 
re-acdng on sulphate or muriate of 
magnesia, produces carbonate of mi^ 
nesia and sulphate or muriate of soda. 
It is much more probable, from the 
known insolubility of carbonate of 
magnesia, that it is produced in this 
way, than that it should exist in a 
state of solution in so large a quantity 
as that which is aflTordecTby tne eva- 

The water of Hanrowgate yields 
muriate of soda as its chief ingre- 
dient, iron joined with muriate of 
magnesia, muriate of lime, suJphate 
of magnesia, carbonate of magnesia, 
and carbonate of lime. The two last 
substances most probably are not <«i- 
ginal ingredients, but formed during 
the ana^sis by the action of carbo- 
nate of soda, existing in the water, 
on portions of its muriate of mag- 
nesia and muriate of lime, whence 
also the muriate of soda is increased. 

The valuable foreign mineral wa- 
ters of Spa, P^rmont, and Seltzer, 
called the alkabne carbonated waters, 
are largely Impregnated with cii^bo- 
nic acid gas, and containing a consi- 
derable quantity of carbonate of soda, 
with which are associated carbonate 
of magnesia, carbonate of lime, and 
muriate of soda. The real ingre- 
dients of these waters are most pro- 
bably carbonate of soda, muriate of 
magnesia, and muriate of lime ; and 
the carbonate of . soda existing in 
larger proportion than that indicated 
by the analysis, acts during the eva- 
poration of the water on the nmriates 
of magnesia and lime, and ibrms the 
Carbonates of these earths, together 
with some muriate of soda. 

According to Bergman's analjeie, 

Ae Seltieer w«ter tottttfo* lit >» 
Englidh pint i 

CMbomo add gasy • 17 cubic i nch iM«> 
C«rboDateoflime, . 3 jpaina. 

Carbonate df magnesia, 5 
Carbonate of soda, . 4 

AiSoording to Dr Mtxtrgf's yi 
the oompositicn will be$ 

Carbonic acid gas, . 17 cubic inches. 
Muriate of lime, . 3.S gfains. 

Mtfriate of magnesia, 5 

Munft(8efso£, 7*0 

Carbonate of toda, diy,, 

(eauivalent to 18 orys- 

taUized,) . . 10.3 

This 9cconl9 math better both 
with its sensible quaHtfeis and its 
medicinal powers. Its strongly al- 
kfdine taste, when the excess of car- 
bonic acid has escaped, is scarcely 
accounted for by three grains of car- 
bonate of soda, but very well by 18. 
It has a hi^h reputation as an antadd 
and diuretic, tilso in dyspeptic cases, 
diseases of the urinarv organs, and 
general debiKtv ; all or which powers 
ar^ explained in a much more satis- 
fectory manner by this new view of 
their composition. Dr Mehrray has 
succeeded in shewing that the state- 
ments hitherto given of the composi- 
tion of mineral waters have proceed- 
ed on rash principles. The existence 
of the same neural salts in sohition 
which analysis evolves in the crys- 
tallized form, is at least questionable, 
and we may' almost say disproved. 
This chemist still adheres to the idea 
that tliey consist of binary neutral 
salts ; but he thinks that the most so- 
luble, and consequently those which 
are the least apt to be evolved by eva« 
poration, are the real ingredients.— It 
might, however, be maintained that 
all the primarvingredients of thecom- 
pound salts obtained by analysis, that 
IS, the acids and neutralicable baseSf 
exist in simultaneous oombination in 

Digitized by 


CwiF. S.;] 



the watow Tkis Would aBatd a far 
better explanation of their active 
powers than the composition nsuallv 
assigned to them. They might still 
be viewed as very active solutions ; 
they might be considered as equally 
powerful with the most soluble and 
the most active salts which they are 
capable of forming by binary combi<> 
Nations. It is not altogether impos- 
sible that their simultaneous combi- 
nation might even confer additional 
powers. Probably most chemists will 
incline to adopt this view of the sub- 
ject. Dr Murray rejects it, because, 
if fairly followed out, it would lead to 
the conclusion that all combinations 
(^compound bodies are simultaneous 
combinations of the primary elements 
—a conclusion from which no inference 
with regard to specific qualities could 
be drawn, and wnich would, therefore, 
be inconsistent with the conclusions 
which, in many cases, we are able ac- 
tually to form. It is probable that 
moBt other chemists will see less 
weight in this objection, and will be 
disposed at least to acknowledge that 
the exact relations subsisting between 
the primary ingredients of a compli- 
cated compound, whether in a fluid 
or in a solid state, lie probably for ever 
beyond the reach of actual determi- 
nation* This consideration itself pre- 
pares us to acknowledge with less 
mystery or reluctance, 3ie existence 
of any powers in mineral waters to 
which experience lends its counte- 
nance, and, where the facts are in 
conformity to the presence of such 
a state of combination as can be at 
all assigned to the simple ingredients, 
we can be at no loss to say that all 
the powers which such a state implies 
are explained as the result of the 
composition ; and, in addition to this, 
we may conceive other accumulated 
chemical agencies to be at the same 
time concerned in the operation. 

The labours of this cnemist in the 
" Analysis of Sea Water," are too ex- 


tensive to admit of any abstract in tl|is 
place. It is sufficient to remark the ad-' 
vantage imparted to the results by the 
application of the methods of reason- 
ing wluch he had adopted with regard 
to nuneral waters. He is in this way 
enabled to reconcile with one another 
the analyses given by his predeces- 
sors, sometimes at variance. For ex- 
ample, he accounts for the singularity 
which appeared in that of Lavoisier, 
who obtained from it portions of sul- 
phate of soda and muriate of lime, 
ingredients found by no one else* Dr 
Murray, in repeating with exactness 
the process of Lavoisier, as well as 
those of other chemists, found that 
the difference of result depended on 
the process employed* The alcohol 
employed by Lavoisier favoured the 
formation of the crystals which he 

The separation of the different salta 
by crystfidlization is tedious and diffi- 
cult, and seldom perfect in the end ; 
and, as this laborious mode of proce- 
dure gives us no information regard- 
ing the mode of existence of acids, al- 
kalis, and earths, in a mixed chemical 
solution, he proposes that we should, 
in all such cases, satisfy ourselves 
with determining the acids and salifi- 
able bases and their respective pro- 
portions, by means of reagents which 
nave the power of precipitating them. 
He found in a pint of the sea water 
which he employed. 

Lime 2.9 grains* 

Magnesia 14.8 

Soda 96.3 

Sulphuric add .... 14.4 
Muriatic aeid 977 


These he supposes to exist in the 
following state of combination ; — 

Muriate of soda . • • • 159.3 grains 
Ditto of magnesia . . . ' 35.5 
Ditto of lime. . ^ . . 5.7 
Sulphate of soda .... 26.6 


Digitized by VjOOQ IC 



■ PoHowing up these imin'oved views, 
he lays down^ in his third Memoir, 
•* A formula of general application 
for the analysis of mineral waters/* 
If e adheres exclusively to that method 
irhich has heen usually called the in- 
direct, which consists in discover- 
ing the acids and bases, without de- 
ciding anything regarding their mode 
and order of combmation f while the 
direct method consisted in the bb- 
taining of separate crystallized or pre- 
cipitated salts, and solutions contain- 
mg only one salt each. This last had 
been considered as giving not merely 
the ingredients, from which an opi- 
nion or conjecture might be formed 
regarding their constitution, but as 
declaring that constitution in the first 
instance. The author, however, ha- 
ving shewn that no direct information 
of this kind is afforded by such analysis, 
proposes that it should be relinquish- 
ed as far less satisfactory than the in- 
direct method. In this last, we have 
it in our power to ascertain the pro- 
portions of the constituent parts with 
much greater accmracy ; and having 
done this, we infer the eompositicm 
by reasoning on such prinaplee as 
have been now explained. These 
principles, if they do not afford abso- 
lute certainty, will prese^rve us from 
the errors of precipitate deduction 
which have been hitherto acauiesced 
' in, and enlarge our views of this class 
•f objects. The salts usually found 
t^e carbonates^ sulphates, and mu- 
riates—of lime, of magnesia, and of 
soda. After trying, in a general way, 
what adds and bases are present, 
vsing nitrate of bary tes for ascertain- 
ing the presence of sulphuric and 
, carbonic adds, and nitrate of silver 
for muriatic acid; ascertaining the 
presence or absence of lime by oxalic 
add, of magnesia by lime water or 
ammonia, and of any alkaline neutral 
salt by evaporation ; he directs a 
aeries of stepa for ascertaining the 
prqportioiu of the respective prin- 

dples. These do not admit cf 
abridgment ; and, therefore, we must 
satisfy ourselves with a reference to 
the author's Memoir, not doubting 
that it will be quickly copied from 
the Transactions into works more ex^ 
tensively circulated among persons in« 
terested both in general and in prac- 
tical chemistry. In the course of it 
some acute remarks, in the form of 
improvements^ suggested by the au- 
thor's practice in manipulation, and 
substantiated bv his own experience, 
are interspersed, and the whole busi- 
ness of analysis is likely to derive 
from them a material degree of ac- 
curacy, as well as simplification. It 
is important farther to remark, that 
they are shewn by the author to ad- 
mit of an easy extension to the ana- 
lysis ofeax^y minerals. 


Some very important experiments 
were made, a few years ago, with 
great labour and care by Dr Wells 
of London, on the temperature of dif- 
ferent parts of the surface of the 
ground, as influenced by the nature 
of that surface itself. These are de- 
tailed in his Essay on Dew, contain- 
ing one of the njost meritorious se- 
ries of purely experimental investi- 
gations that modern times have pro- 
duced in the department of meteoro- 
logy, and beautifully elucidating some 
new and interesting applications of 
the chemical doctrines of heat. From 
these it appears, that the same sortr 
of surface which give out heat most 
powerfully by radiation, and which 
receive most readily the heat which is 
radiated from other bodies, those siir- 
fhces also which radiate cold most 
readtly» (all which qualities^ uniform* 


b^ Google 




ly co^ekist in the same proportion, 
iR any surface, shewing that they de- 
|>eDd on the same superficial constitu- 
tion), are also liable to the greatest re- 
duction of temperature when exposed 
in the night to a clear and dry atmd- 
aphere. For this reason, dew and 
hoarfrost are more copiously deposit- 
ed on these surfaces than on others. 
The reduced temperature makes the 
portions of the atmosphere which 
come succesaiTely in contact with the 
surface deposit their humidity. It is 
well known to chemists that irt this 
separation caloric is given out; hence, 
in some experiments formerly made 
by Mr Patrick Wilson of Glasgow, 
which were read to the Royal Society 
of London in 1788, and others, which 
are contained in the Transactions of 
the Royal Society of Edinburgh, vol. 
1st, it appeared an inexplicable cir- 
cumstance that, where dew or hoar- 
frost had been deposited, the tempe- 
rature was particularly low. This is 
now fully explained. The low state 
of the temperature is prior to the de- 
poaitioQ, and the cause of it; and 
though that deposition raises the 
temperature in proportion to its own 
amount, it does not necessarily raise 
it to that of the air and other surround- 
ing objects. This cold is in itself inde- 
pendent of the presence of moisture, 
and the dew produced is in propor- 
tion to the reduction of temperature, 
and the impregnation of the air with 
moisture. The experiments were 
made by placing a number of ther- 
mometers on the ground; some on 
gravel, others among grass, and others 
on smooth stone, or on metals ; and 
it was found that, when the sky was 
overcast even in a slight degree, all 
the thermometers stood about the 
same degree of temperature ; but that 
when the sky was perfectly clear, a 
great difference took place, — those in 
contact with the most radiating sur- 
face always indicating the lowest tem- 
perature. The cold is occasioned by 


or to regions altogether beyond its 
limits. The upper regions, in fact, 
operate in the same manner with the 
bottle of snow which, in the experi* 
ments of Pictet and others, radiates 
cold on surrounding bodies. 

Professor Leslie has taken up the 
subject in a more discriminating and 
accurate manner, reducing the esti- 
mate of such efiects to measure ar^d 
calculation. The results of his in- 
quiries, and a description of the in- 
genious afnd beautiful instrument with 
which he operated, were given in a 
paper read before the Royal Society 
of Edinburgh in March last. Mr 
Leslie's opinions on the radiation 
of heat have been long before the 
pubHc, and in this paper they are re- 
peated and illustrated. He considers 
this class of phefnomena as depending 
on the presence of the air. They do 
not, according to him, consist in the 
simple transmidsion of caloric through 
space, but in certain appulses among 
the pai^ticles of the air, which pro- 
ceed on all sides in radiations like 
sound, or like the rippling waves on 
the sur&ce of a liquid, which pro* 
ceed from the disturbed point, pro- 
ducing circles which become wider 
as the effect of the impression is 
extended. It is in their propaga-< 
tion through air that these effects are 
best (and we may say exclusively) 
known to us. It is not easy to ascer- 
tain the reality of the diffusion of such 
powers through a perfect vacuum; 
but it is in fkvour of Mr Leslie's 
views, that these are propagated 
more powerfully through a dense 
than through a very rarefied atmo-* 
sphere. Mr Leslie 6bjects to the term 
radiation. He considers the effects 
produced as a series of internal os-* 
dilations, by which the aerial me- 
dium successfully transfers its charu 
ges of caloric, and delivers an im*^. 

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pr^ssion at the end of the chain of 
communication of the same kind pre- 
cisely as it had received at the begin- 
ning. Mr Leslie tried the difference 
between the surface of the ground 
and the atmosphere a fewinchesabove 
it^ by means of the differential ther- 
mometer. He found, that in sun- 
shine and calm weather the eround 
was sometimes 30 millesimal degrees 
warmer than the air only a few inches 
above it. But when the sky happen- 
ed to be much overclouded, or when . 
strong winds swept over the sur- 
face, the accumulation of heat hardly 
reached three degrees. Fresh plough- 
ed land, or a surface spread over 
with hay> indicated more than twice 
the effect that appeared on fine pas- 

Mr Leslie, in the course of these 
experiroentSt found thatt towards 
evenings if the sky was clear, the 
thermometer on the ground indicated 
a greater cold than in the atmosphere, 
(unless it was protected by a polished 
metal, or a substance which reflected 
the rays of heat,) although the ground 
itself was still warmer than die air. 
This led him to suspect, that an oppo- 
site impression was by some means 
communicated from the atmosphere at 
these times, and he was induced to 
investigate this set of influences. For 
this purpose he introduced, under the 
sentient ball of his pyroscope, (that 
18) that ball of the differential ther- 
mometer which remained without a 
metallic covering-, while the other 
had one, and which consequently 
was most readily operated on by those 
impressions of temperature proceed- 
ing from distant bodies which are 
called radiations) — under this he in- 
troduced a small circular plate of tin 
hammered into a slight concavity. 
This more than doubled the action 
f>£ the instrument, and, therefore, put 
the existence of these impressions 
beyond all doubt. The radiations 

which reached the concave metallic 
surface were reflected so as to accu- 
mulate the effect on the ball placed 
in a focal situation. Afler some va- 
ried experiments suggested by this 
fact, with a view to the more accu- 
rate determination of the laws ob- 
served by these impressions, as indi- 
cated by the variations of their amount 
under different circumstances, he con- 
trived a set of very ingenious and 
useful instruments, by means of which 
- some further facts were made known. 
He exposed a pyroscope in the focus 
of a paraboloid to the influence of the 
sky at different tiroes,- and to differ-^ 
ent quarters of tl>e sky at the same 
time. It was necessary to guard 
against the disturbing influence^ of 
wind. This was first done by putting 
his pyroscope with the small reflec- 
tor within a deep pitcher by which 
the lateral impulses of the wind were 
intercepted ; and aflerwards, instead 
of this arrangement, he made the re- 
flector sufficiently deep to answer that 
purpose of itself. The form which he 
adopted was that of a truncated ob- 
long spheroid of metal, cut through the 
upper focus by a plane perpendicular 
to the axis, finely polished on its inner 
surface, so as to reflect the impres- 
sions of cold or heat, and having the 
sentient ball of the pyroscope placed 
in the lower focus. Thismstrument in- 
dicated most fully the action of that 
quarter of the heavens to which it was 
turned. He therefore had an instru- 
ment which was mounted on a pivot, 
so as to be conveniently turned to 
any portion of the heavens which it 
was his object to explore. This in- 
strument, when jcovered with a thin 
plate of glass, often shewed one or 
two millesimal degrees of heat, the 
effect of the radiation of the light of 
the sky. It was when this screen 
was removed, and the reflecting sur- 
face and sentient ball exposed to the 
sky, without any intermedium except 

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theambient air kselfythatiVigorific im* « 
pressions were communicated. When 
the sky was in its most serene state^ fri* 
gorific impressions of 40 or 50 mil>e- 
fiio^al degrees were indicated from 
every part of the hemisphere. Those 
proceeding from the zenith, and those 
from the surrounding parts, were ex- 
actly equal. It was thus ascertained 
that the action of a given section, or 
angular portion of the sky, is the same 
at every obliouity. Dr Wells had 
found, that the appearance of ^he 
least cloud or thickness in the atmo- 
sphere nearly destroyed the eflPect of 
cold radiation, and produced an ap- 
proach to equality of temperature in 
the thermometers placed in contact 
with different sorts of surfaces. Mr 
Leslie's delicate apparatus shewed 
with greater precision that the effect 
was not entirely destroyed, but con- 
tinued in a greater or smaller degree 
According to certain definite circum- 
stances. With the erect spheroid, he 
found in cloudy weather, that the fri« 
gorific impression diminished in pro- 
portion as the humid mass floating in 
the atmosphere seemed to descend. 
When the sky was canopied with high 
fleecy clouds, the effect on tlie in- 
strument might amount to 20 de- 
grees ; but when the vapours sank 
so low as to hover on the hilly tracts, 
the impression did frequently not 
exceed five. The effect, therefore, 
evidently depends on the altitude of 
the lowest range of clouds, and seems 
to result from the difference of tem- 
perature which prevails there, com* 
pared with that of the surfkce of the 
earth, or other situations in which the 
apparatus is placed. The same con- 
clusion was drawn from another set 
of observations. In a calm day, when 
a mass of dark clouds was spread at 
no great elevation above the surface 
of Uia ground, the spheroidal appara- 
tus indicated only five millesimal de« 
gre«g in li vertical position^ and still 

marked the satee quantity when de- 
pressed to an angle of SO degrees above 
the horizon. But had this impres- 
sion of five degrees penetrated di- 
rectly through the clouds from the 
higher regions of the atmosphere, 
the oblique passage presenting a dia- 
meter so much greater, would have 
scarcely allowed one half of a degree 
to escape through the mass. The 
fact proved, that the clouds acted as 
a perfect screen, absorbing' or extin- 
guishing all the hot or cold pulses 
which it received from abovcy and 
then acted in its turn downward, com- 
municating pulses of its own as an in- 
dependent radiating body. Clouds 
consist merely of dispersed aoueous 
globules, and their influence is illustra- 
ted by that of water in the fluid state. 
Mr Leslie inclosed a pyroscope in an 
inverted spheroidal cup, and suspend- 
ed it a few feet above the ground, 
while the sky appeared clear and blue. 
He then passed a silver tray under 
it, which received the impressions 
from the sky, and by reflection trans- 
mitted them to the inverted instru- 
ment. The col d th us reflected, amount- 
ed to 25 degrees ; but on pouring a 
sheet of water over the silver tray, the 
effect was absolutely and immediately 
extinguisl^ed. For conducting such 
meteorological observations, Mr Lesr 
lie has constructed an instrument on 
a fixed scale, not only in its thermor 
metrical degrees, but also in the ^ex- 
tent of reflecting surface, as propor- 
tioned to the surface of the sentient 
ball. This beautiful instrument will 
be found a valuable accession, not 
only to meteorology» but to physical 
science in general. He has termed 
it the ^thrioscope, from the Greek 
term mi^tHf which, in reference to the 
atmosphere, signifies at once ** clear, 
dry, and cold." The sensibility of this 
instrument is very striking; the li- 
quor instantly falls and rises in the 
stem with every passing ploud. Soqpi^ 

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•ai iU vari|i(ioD8 are not quite ae- 
f^nnted for ; as of two days of eqaal 
apparent cleameis for example, it 
will indicate 50 on tbe one day, and 
30 on the other. The action is greats 
est in general under a clear and trans- 
lacid atmosphere. But particular 
winds blowing at different altitudes 
seem to modify the effect. 

Mr Leslie then proceeds to inves« 
tigate more closely the causes of these 
phenomena. It occurred to himy that 
iBince pulses (which others oall radia- 
tions) are darted from such various 
surfaces, and since the softness of the 
external coat and its humidity seem- 
ed vastly to augment their power, it 
was possible thi^ they might be like- 
wise excited from a boundarv of air 
itself; that the air probably thus 
noted in two capacities in these phe- 
nomena; that IB, both as an inter- 
medium for transmitting pulsations 
which it has received mm a body 
diffarin^ from itself in temperature^ 
and giving out radiations or its own, 
depending entirely on its particular 
temperature. The te^t vras ascer^ 
iained by the fbllowiag simple expe- 
riment t In a room where a steady 
fire was kept up, the aethrioscope was 
•et on the inside of the window^ and 
directed to tbe upper part of the op- 
posite wall ; the instrument stood at 
gero, because the temperature by 
which it was surroundedy and that of 
the places at a distance to which it 
was directed, were nearly the same. 
The window was then thrown opeoi 
and the instrument was surrounded 
by a body of cold air, in conseouence 
of which a motion in the duia took 

glace, indicatbg an impression of 
eat, evidently caused by the excess 
of temperature of the remote air of 
the room above that which was now 
contiguous to the sethrioscopew The 
same thing is shown by the different 
indications of an scthnoscope, accord- 
^ US it is placed on the floor of g 

htaitfed roots wd directed t»^ dw odU 
ing, or pkced near the ceiiiiig and 
directed doimward to the floor, the 
upper strata of air being the wannest.